CASE TITLE:

Aguirre et al. v. Aguirre et al., G.R. No. L-33080, 58 SCRA 461, August 15, 1974

PONENTE: Justice Barredo, J.

CITATION:
Section 8, Rule 51; Article 2213, Civil Code of the Philippines; and Section 1,
Rule 142

THESIS STATEMENT:
Leoncia D. Aguirre, Luis D. Aguirre, JR., and Aurelia Luningning Aguirre filed a
Petition for Review of the decision of the Court of Appeals in G.R. No. 37717-R entitled
“Leoncia D. Aguirre et al. vs. Vicenta Aguirre et al.” – because they claimed that they
did not receive what they are entitled to under the law.

FACTS:
1. Petitioner filed an action for partition and damages of the properties among
the surviving descendants of the spouses Gregorio Aguirre and Regina
Antolin.
2. Petitioners are the surviving descendants of the spouses Gregorio Aguirre
and Regina Antolin.
3. The trial court rendered judgement in favour of petitioners but made no award
for damages to the plaintiffs on the ground of insufficiency of existence or
proof.
4. Plaintiffs appealed the case to the Court of Appeals, in so far as damages are
concerned.
5. CA ruled that the petitioners should receive P1,000.00 – sum of P200.00 from
the properties that originated from Gregorio Aguirre and Regina Antolin and
P800.00 from the properties left by the spouses Melencio Aguirre and
Fructosa Perez – from the produce of land annually from the date of verdict
up to the date of the their appeal.
6. Dissatisfied, the plaintiffs-appellants elevated the case to the Supreme Court
alleging that they are entitled to other damages such as professional’s fee,
etc..

ISSUE(S):
Whether or not the plaintiffs-appellants’, Leoncia D. Aguirre et al., are entitled to
damages and to the award of interests and costs.

ARGUMENTS OF THE APPELLANT:

 Leoncia D. Aguirre et al.
1. Plaintiffs-appellant did not agree on the division of the share corresponding to
their children.
2. Defendants-appellees failed to accede to the demands for payment of
damages, as ruled by the Court of Appeals, by not giving the plaintiffs-
appellants’ shares from the produce of lands.
3. The plaintiffs-appellants also incurred damages, attorney’s fees, and
miscellaneous expenses.

SUPREME COURT RULING:

The Supreme Court, speaking through Justice Barredo, affirmed the decision of
the Court of Appeals with modification that the amount of actual damages awarded
petitioners should be P1,000.00 annually from 1955 and the respondents shall pay
interest on all the amounts adjudged against them at the legal rate from the date of
judgement of the trial court (Section 8, Rule 51; Article 2213, Civil Code of the
Philippines). Costs in all instances against respondents (Section 1, Rule 142).