G.R. No.

4656, November 18, 1912

Petitioner(s): Ricardo Pardell and Vicenta Pardell vs.
Respondent(s): Gaspar Bartolome and Matilde Bartolome

FACTS:
Petitioner Vicenta Ortiz and respondent Matilde were the existing heirs of the late
Miguel and Calixta. Matilde and Gaspar took it upon themselves without judicial
authorization or even extra-judicial agreement regarding the administration of the
properties of the late Miguel and Calixta.
Vicenta filed an action in court, asking that judgement be rendered in favor of them
by restoring and returning to them one half of the total value of the fruits and rents, plus
losses and damages from the properties. Respondent Matilde, asserted that she never
refused Vicenta her share of the said properties. Vicenta argued that Matilde and her
husband are obliged to pay rent for their occupation of the upper story of the house in
Escolta Street.

ISSUE:
Whether or not Matilde and Gaspar are obliged to pay rent for their occupation of
the said property

HELD:
No. The spouses are not liable to pay rent. Their occupation of the said property
was a mere exercise of their right to use the same as a co-owner. One of the limitations
on a co-owner’s right of use is that he must use it in such a way so as not to injure the
interest of the other co-owners. In this case, Vicenta failed to provide proof that by the
occupation of the spouses Bartolome, they prevented her from utilizing the same