Cases:

1. WILSON GO vs HARRY GO
GR No. 183546 September 18, 2009
Facts:

Wilson instituted an action for partition with accounting
against Harry Go in RTC Valenzuela City. Wilson alleged that
they are among the five children of Spouse Sio Tong Go and
they are the registered owner of a parcel of land in
Valenzuela City. On the said land, there are 7 warehouses
being rented by various businesses without proper authority
from Wilson. He also alleges that Harry collected the rental
payments for the warehouse without giving Wilson his share to
the rental.

Harry countered that there was no co-ownership because he
acquired the ownership of the land through extra-judicial
settlement between their father and certain Wendell Simsim.
That before a partition may be decided, it must be ascertain
first whether there is co-ownership.

RTC: ruled in favor of Wilson and ordered Harry to deposit in
court the receipt of all the amounts collected by him from the
leases. Harry moved for reconsideration but was denied by the
RTC. Harry filed then a petition for certiorari with CA.

CA: ruled in favor of Harry.
It was premature for the respondent court to act favorable on
private respondent's motion to deposit in court all rentals
collected from the date of death of the said decedent, which
according to petitioner is the true owner of the property
under co-ownership.

Held:
The Court emphasizes that these are preliminary findings for
the sole purpose of resolving the propriety of the subject
order requiring the deposit of the monthly rentals with the
trial court. The precise extent of the interest of the
parties in the subject land will have to await the final
determination by the trial court of the main action for
partition after a trial on the merits.

WHEREFORE, the petition is PARTIALLY GRANTED. The April 21,
2008 Decision and July 4, 2008 Resolution of the Court of
Appeals in CA-G.R. SP No. 100100 are REVERSED and SET
ASIDE. The May 4 and July 4, 2007 Orders of the Regional
Trial Court of Valenzuela City, Branch 172 in Civil Case No.
179-V-06 are SET ASIDE and a new Order is entered directing
private respondent to deposit 1/12 of the monthly rentals
collected by him from the buildings on TCT No. V-44555 with
the trial court from the finality of this Decision and every
month thereafter until it is finally adjudged who is lawfully
entitled thereto.

2.