G.R. No. 184454 - Co Giok Lun vs. Jose Co

Petitioners are the legal heirs of Co Giok Lun (Lun), deceased brother of Co Bon Fieng (Fieng).
Respondents are the legal heirs of Jose Co (Co), son of Fieng.
Disputed properties consist of two lots located in Sorsogon province:

Gubat Property – commercial/residential land, 720.68 sq. meters, under Tax Declaration No. 11379 originally in Fieng's name.
Barcelona Property – consists of several parcels described as "terreno cocal" and a "terreno solar" with specified boundaries and area.

Lun and Fieng came from China in 1929.
Lun allegedly contributed part of P8,000 capital inherited from their father, Co Chaco, for purchase of the Gubat property.
The Gubat lot was registered in Fieng's name due to traditional Chinese custom of placing properties under eldest child's name.
The Barcelona property was acquired by their father Chaco in 1923 during his business in Gubat.
Lun and Fieng established "Philippine Honest and Company" trading dry goods and purchased adjacent lots to increase the Gubat property.
The business dissolved in 1946; the partition of properties was planned but deferred by their mother to maintain family ties.
Lun managed payment of realty taxes, repairs, and assumed certain debts originally of Fieng.
Lun lent P30,000 to Fieng and financial help to Co, which were never repaid.
Co assumed administration of Gubat property without Lun's consent, later filed and won unlawful detainer case against Lun at MTC but reversed on appeal.

Argue Fieng acquired Gubat property by purchase from Crispina Rocha in 1935 (after Chaco's return to China in 1926).
Present notarized deeds of sale in Fieng's name.
Fieng built family residence and business on Gubat property and declared it in his name from 1937 to 1983.
Lun was only an administrator for Fieng's properties and businesses, starting between 1956-1957.
Co became administrator of Gubat property in 1983 and declared the property in his name.
Denied existence of partnership or loan between Lun and Fieng.
Assert that Barcelona property was an advance inheritance to Fieng alone.
Counterclaim for rent, moral damages, attorney's fees from Lun's use of Gubat property.

Petitioners filed Complaint for partition and damages (Civil Case No. 1601, RTC Gubat, Sorsogon).
RTC ruled in favor of petitioners on 21 July 2004, finding co-ownership established and ordering partition.
Respondents appealed to Court of Appeals (CA).
CA reversed RTC's decision on 23 April 2008, ruling that Fieng exclusively owned the properties.
Petitioners’ motion for reconsideration was denied by CA on 10 September 2008.

Whether co-ownership existed between Lun and Fieng over the Gubat and Barcelona properties.
Whether the properties should be declared exclusively owned by Fieng (and his heirs) or co-owned with Lun (and his heirs).