Facts:

The case involves Concepcion Cabigao, as the heir of Tomas Cabigao, deceased, as the plaintiff and appellant, against Petrona Lim and her husband, Eugenio Evangelista, and Luisa Lim, who are the defendants and appellees. The events leading to this appeal originated from a judgment issued by Judge Jocson many years prior, which mandated Petrona Lim and her husband to account for one-half of the proceeds from the sales of fish in a fishery co-owned by Petrona Lim and Tomas Cabigao in undivided interests. The judgment specifically required Petrona Lim and her husband to pay "the one-half belonging to the latter" from the sales of fish. This ruling was subsequently affirmed by a higher court, and the case was remanded to the Court of First Instance for the purpose of conducting the accounting. A significant issue arose regarding whether the accounting should be based on the gross income or the net income from the fishery. Two judges of the Court of First Instance, who p...

Facts:

1. Parties Involved:

   • Plaintiff and Appellant: Concepcion Cabigao, as heir of Tomas Cabigao, deceased.
   • Defendants and Appellees: Petrona Lim, her husband Eugenio Evangelista, and Luisa Lim.

2. Background of the Case:

   • The case originated from a judgment by Judge Jocson, which ordered Petrona Lim and her husband to account to Tomas Cabigao for one-half of the proceeds from the sales of fishes in a fishery.
   • Tomas Cabigao and Petrona Lim were co-owners of the fishery in undivided interests.

3. Judicial History:

   • Judge Jocson's judgment was affirmed on appeal by the Supreme Court.
   • The case was remanded to the Court of First Instance for an accounting.

4. Dispute Over Accounting:

   • The central issue was whether Petrona Lim was liable to account for one-half of the gross income or the net income of the fishery.
   • Two Judges of the Court of First Instance ruled that Petrona Lim's liability was limited to one-half of the net income.

5. Judge Jocson's Interpretation:

   • Judge Jocson, in subsequent interlocutory orders, indicated that the question of whether Tomas Cabigao should bear one-half of the expenses of producing the fishes was left for future determination.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Principle of Accountancy Between Co-Owners:

   • The ruling is consistent with Article 393 of the Civil Code, which governs the accounting between tenants in common.
   • Co-owners are entitled to share in the net income after deducting necessary expenses, not the gross income.

2. Judicial Interpretation:

   • The Court found that Judge Jocson's original order, as well as subsequent interlocutory orders, supported the interpretation that the accounting should be based on net income.

3. Equity and Justice:

   • The decision is not only just in the context of the case but also aligns with general principles of fairness in co-ownership arrangements.