G.R. No. L-6920, March 28, 1912
ALEJANDRA IRLANDA, plaintiff-appellant, vs. CATALINA PITARGUE, ET AL., defendants-appellants.

FACTS

Anselmo Irlanda died in 1887, leaving two sons, Felix and Vicente Irlanda, as his only heirs. He owned four tracts of coconut land. Upon Anselmo’s death, Vicente took possession of the lands. Felix died in 1902, leaving a daughter, Alejandra Irlanda (plaintiff). Vicente also died in 1902, leaving a widow, Catalina Pitargue, and four daughters (defendants), who continued possession of the lands. Alejandra demanded half of the lands and their fruits, but the defendants refused. Alejandra filed an action for partition, declaration of heirship, and recovery of damages. The defendants claimed that Anselmo had partitioned his properties during his lifetime, assigning the disputed lands to Vicente and other properties to Felix, which Felix later sold. The trial court found that no valid partition had occurred and ordered the lands divided equally between Alejandra and Vicente’s heirs. It also awarded Alejandra a share in the fruits but fixed the amount lower than claimed. Both parties appealed.

ISSUE

1. Whether a valid partition of Anselmo Irlanda’s estate was made during his lifetime, thereby precluding Alejandra’s claim.
2. Whether Alejandra is entitled to a share of the fruits from the lands and from what date.

RULING

1. No valid partition was proven. The Supreme Court affirmed the trial court’s finding that the defendants failed to prove the alleged lifetime partition by Anselmo. The properties remained undivided hereditary estate. Thus, Alejandra, as Felix’s sole heir, is entitled to half of the lands as co-heir.
2. Alejandra is entitled to half of the fruits from the date of judicial demand. The Court modified the damages awarded. Applying Article 354 of the Civil Code and Section 191 of the Code of Civil Procedure, a co-owner is entitled to a share of the rents and profits from the common property. The right to fruits accrues from the date of extrajudicial or judicial demand. Since Alejandra filed her complaint on June 16, 1909, she is entitled to half of the fruits from that date. The Court fixed the annual value of the fruits at P150, entitling Alejandra to P75 per year from June 16, 1909, until delivery of her share.

DISPOSITIVE:
The trial court’s judgment was AFFIRMED with MODIFICATION. The portion sentencing Catalina Pitargue to pay P72 per year was REVERSED. Instead, Catalina Pitargue and the heirs of Vicente Irlanda are ordered to pay Alejandra Irlanda P75 per year from June 16, 1909, as half of the value of the products of the lands. Costs against defendants.