Special Civil Actions Initiated by Complaint: Partition (Rule 69)

Dadizon vs. Bernadas (GR 172367)

There are two stages in every action for partition under Rule 69 of the Rules of Court.

The first stage is the determination of whether or not a co-ownership in fact exists and a partition is proper (i.e., not otherwise legally proscribed) and may be made by voluntary agreement of all the parties interested in the property.

The second stage commences when it appears that the parties are unable to agree upon the partition directed by the court. In that event, partition shall be done for the parties by the court with the assistance of not more than three (3) commissioners.

Quilatan vs. Heirs of Quilatan (GR 183059)

Respondents could not be blamed if they did not raise this issue in their Answer because in an action for partition of real estate, it is the plaintiff who is mandated by the Rules to implead all the indispensable parties, considering that the absence of one such party renders all subsequent actions of the court null and void for want of authority to act, not only as to the absent parties but even as to those present.

Patricio vs. Dario III (GR 170829)

Since the parties were unable to agree on a partition, the court a quo should have ordered a partition by commissioners pursuant to Section 3, Rule 69 of the Rules of Court. Not more than three competent and disinterested persons should be appointed as commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall direct.

When it is made to appear to the commissioners that the real estate, or a portion thereof, cannot be divided without great prejudice to the interest of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such sum or sums of money as the commissioners deem equitable, unless one of the parties interested ask that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale, and the commissioners shall sell the same accordingly.

Figuracion-Gerilla vs. Carolina Vda. De Figuracion (GR 154322)

In a situation where there remains an issue as to the expenses chargeable to the estate, partition is inappropriate. While petitioner points out that the estate is allegedly without any debt and she and respondents are Leandro Figuracions only legal heirs, she does not dispute the finding of the CA that certain expenses including those related to her fathers final illness and burial have not been properly settled.  Thus, the heirs (petitioner and respondents) have to submit their fathers estate to settlement because the determination of these expenses cannot be done in an action for partition.

Reillo vs. San Jose (GR 166393)

As the RTC nullified the Deed of Extrajudicial Settlement of Estate Among Heirs with Waiver of Rights executed by petitioners and the title issued in accordance therewith, the order of partition of the land subject of the settlement in accordance with the laws on intestate succession is proper as respondents action filed in the RTC and respondents prayer in their complaint asked for the partition of the subject property in accordance with intestate succession. The applicable law is Section 1, Rule 69 of the Rules of Court, which deals with action for partition, to wit:

SECTION 1. Complaint in action for partition of real estate. A person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property.

Heirs of Conti vs. CA (GR 118464)

Petitioners’ theory as to the requirement of publication would have been correct had the action been for the partition of the estate of Lourdes Sampayo, or if we were dealing with extrajudicial settlement by agreement between heirs and the summary settlement of estates of small value. But what private respondents are pursuing is the mere segregation of Lourdes’ one-half share which they inherited from her through intestate succession. This is a simple case of ordinary partition between co-owners. The applicable law in point is Sec. 1 of Rule 69 of the Rules of Court –

Sec. 1. Complaint in an action for partition of real estate. – A person having the right to compel the partition of real estate may do so as in this rule prescribed, setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all the other persons interested in the property.

And, under this law, there is no requirement for publication.

 

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