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RULE 69

PARTITION

Prepared by:
Aileen M. Gaviola
Jennifer Mae A. Novela

What is partition?

It is the separation, division and assignment of


a thing in common among those to whom it
may belong (Article 1079. NCC)

NATURE OF AN ACTION FOR PARTITION


- It is an action quasi in rem since it is not only
directed against particular person, but it
constitute a lien on the property subject matter
of the action with the intention of excluding the
interest of the defendant therein.

Purpose of partition

The purpose of partition is to separate,


divide, and assign a thing held in
common among those to whom it may
belong (Gabila v. Perez, et.al G.R No. L29542, January 27, 1989)

Who may file complaint; who


sould be made defendants

A person having the right to compel


the partition of real estate may file an
action for partition of real estate (Sec
1, Rule 69)

The plaintiff shall join as defendants


all other persons interested in
property

Matters to be alleged in the


complaint

1.
2.
3.
4.

The complaint for partition must contain


the following:
The nature and extent of the plaintiffs title
An adequate description of the real estate
of wich partition is demanded
Join as defendants all other persons
interested in the property (sec 1)
A demand for the accounting of the rents.
profits, and other income from the property
for which he may be entitled (sec 8)

When can partition be made?


Each

co-owner may demand at


anytime the partition of the thing
owned in common as his share is
concerned.(article 494 ncc)

Where to file an action for partition of


real estate?
In

case the subject matter of the action is


personal property;

Regional Trial Court----If the value of the


personal property exceeds three hundred
thousand pesos (300,000.00) outside of
metro manila or four hundred thousand
pesos(400,000.00) within metro manila.

Metropolitan Trial Court, Municipal


Trial Court, Municipal Circuit Trial
Court----If the value of the personal
property does not exceed three hundred
thousand pesos (300,000.00) outside of
metro manila or four hundred thousand
pesos (400,000.00) within metro manila.

In case the subject matter of the action is


a real property;

Regional Trial Court---- if the assessed


value of the real property exceeds twenty
thousand pesos (20,000.00) outside of
metro manila or fifity thousand pesos
(50,000.00) within metro manila.

Metropolitan Trial Court, Municipal


Trial Court, Municipal Circuit Trial
Court---- If the assessed value of the real
property
does
not
exceed
twenty
thousand pesos (20,000.00) outside of
metro manila or fifty thousand pesos
(50,000.00) within metro manila.

Order of partition; partition by


agreement (sec 2, rule 69)
Q: What shall the court do if it finds that the
plaintiff is a co-owner and co-ownership
exists between him and the defendants
and that no legal impediment to a
partition exists?
A: The court, upon finding that the plaintiff
has a right to the partition of the real
estate, shall order the partition of the
property (Sec 2)

What is the course of action of the


court in case of a complaint for
partition?

1.
2.

3.

If after the trial the court finds that thenplaintiff has


the right thereto, it shall:
Order the partition of the real estate among all the
partes in interest;
Thereupon the parties may, if they are able to
agree, make the partition among themselves by
proper instruments of conveyance; and
The court shall confirm the partition so agreed
upon by all the parties, and such partition,
together with the order of the court confirming the
same, shall be recorded in the registry of deeds of
the place in which the property is situated.

Two stages in action for partition

a.

b.

The following are the stages:


The first stage is the determination of whether or
not a co-ownership in fact exists and a partition is
proper and may be made voluntary agreement of
all 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 3
commissioners (Dadizon v. Bernadas, G.R No.
172367, June 5, 2009)

Heirs of Marasigan vs Marasigan


G.R.NO.156078 March 14 2008

FACTS:

Alicia owned in common with her siblings 13 parcels of land called


Hacienda Sta. Rita in Pili and Minalabac, Camarines Sur. When
Alicia died she left her shares with her siblings: Cesar, Apolonio,
Lilia, and Benito; Marissa, a sister-in-law; and the children of her
brothers who predeceased her, a complaint for Judicial Partition of
the Estate of Alicia Marasigan was filed before the RTC by her
heirs (private respondents) against Cesar. RTC decided in favor of
the heirs and issued an order of partition of the estate of Alicia
Marasigan. They ordered the partition into 1/7 each of the 2/21
shares of the 13 parcels of land. The parties could not agree on
how they shall physically partition among themselves Alicias
estate, privaterespondents filed a Motion to Appoint
Commissioners following the procedure outlined in Sections 4, 5,
6,and 7 of Rule 69 of the Rules of Court. The RTC granted the
Motion and appointed two commissioners.Private respondents

Commissioners conducted an ocular inspection. Commissioners


Report was released: Considering that the physical division of the 2/21
pro-indiviso share of the decedent, Alicia Marasigan cannot be done
because of the different locations and conditions ofthe properties,
undersigned Commissioners hereby recommend that the heirs may
assign their 1/7 share to one of the parties willing to buy the same
(Sec. 5, Rule 69 of the Rules of Court)provided he pays to the heir[s]
willing to assign his/her 1/7 share such amounts the Commissioners
have recommended and duly approved by the Honorable Court. RTC
issued an Order approving the recommendations embodied in the
Commissioners Report, particularly that the property be assigned to
one of theheirs. Motion for Reconsideration by Cesar thatwas denied.
In the meantime, Cesar died. He was substituted by his heirs and
herein petitioners. The heirs of Cesar, petitioners ,elevated the case
to the Court of Appeals via a Petition for Certiorari and Prohibition
under Rule 65 claiming grave abuse by the RTC judge in approving the
Commissioners Report. CA dismissed the petition and ruled that the
RTC acted within its authority.

Issue:
W/N the CA erred in affirming the RTC Order adopting the Commissioners
recommendation on the manner of partition of the estate of Alicia Marasigan

RULING:

NO. The Commissioners found, after a viewing and examination of Alicias


estate, that the same cannot be divided without causing prejudice to the
interests of the parties. The impracticality of physically dividing Alicias estate
becomes more apparent, considering that Hacienda Sta. Rita is composed of
parcels and snippets of land located in two different municipalities, Pili and
Minalabac, Camarines Sur. Cesar and his heirs are entitled only to his 1/7 share
in the yet unidentified, unsegregated 2/21 pro-indiviso shares of Alicia in each of
the 13 parcels of land that comprises Hacienda Sta. Rita. Dividing the parcels of
land even further, each portion allotted to Alicias heirs, with a significantly
reduced land area and widely scattered in two municipalities, would irrefragably
diminish the value and use of each portion, as compared to keeping the entire
estate intact. Hence, CA did not erred in affirming the RTC Order adopting the
Commissioners recommendation on the manner of partition of the estate of
Alicia.

Partition by commissioners; appointment of


commissioners report; court action upon
commissioners report(Sec 3, Rule69)

Q: What shall the court do if the


parties fail to agree upon a
partition of the property?
A: The court shall appoint not more than
3 competent and disinterested persons
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 (sec 3)

Oath and duties of


commisioners (sec 4, rule 69)
What

is the requirement before


the commissioners can assume
their function?
Before making such partition,
the commissioners shall:
1. Take and subscribe an oath that
they will faithfully perform their
duties as commissioners;
2. Such oath shall be filed in court
with the other proceedings in the

What are the duties of the commissioners?

1. View and examine the real estate, after due


notice to the parties to attend at such view and
examination;
2. Shall hear the parties as to their preference in
the portion of the property to be set apart to them
and the comparative value thereof; and
3. Shall set apart the same to the parties in lots or
parcels as will be most advantageous and
equiatable, having due regard to the improvements,
situation and quality of the different parts thereof.

Assigment of sale of real


estate by commissioners (sec
5, rule 69)

What is the recourse of the court in case the


real property is indivisible?
1. Order it assigned to one of the parties willing to
take the same, provided he pays to the other parties
such amounts as the commissioners deem
equitable;
2. Unless one of the interested parties asks that the
property be sold instead of being so assigned, in
which case the court shall order the commisioners to
sell the real estate at public sale under such
conditions and within such time as the court may
determine.

Report of commissioners;
proceedings not binding until
confirmed (sec 6, rule69)
Q: What is the duty of the
commissioners
about
their
proceedings in the partition?
A: The commissioners shall make a full
and
accurate
report
of
the
proceedings as to the partition or
assignment of the real estate to one
of the parties or the state of the
same (Sec 6)

What are the contents of


the
commissioners
report?

1. The partition made;


2. The assignment of real estate to one of the
parties; or
3. The sale of the real estate
o

What are the duties of the clerk of cort


upon receipt of the report?
- Upon filing of such report, the clerk of court
shall serve copies thereof on all the interested
parties with notice that they are allowed 10
days within which to file objections to the
findings of the report, if they so desire.

Action of the court upon


commissioners report (sec 7, rule 69)

What are the courses of action of the court


on the report of the commissioner?
1. Upon hearing, accept the report and render
judgment in accordance therewith;
2. For cause shown, recommit the same to the
commissioners for further report of facts;
3. Set aside the report and appoint new
commissioners; or
4. Accept the report in part and reject it in part;
and
5. May make such order and render such
judgment as shall effectuate a fair and just
partition of the real estate, or of its value, if

Accounting for rent and profits in action


for partition (sec 8, rule 69)
What

is the rule on the rents and


profits earned by the property?
In action for partition in accordance
with this Rule, a party shall:
1. Recover from another his just share of
rents and profits received by such other
party from the real estate in question; and
2. The judgment shall include an allowance
or such rents and profits,

Power of guardian in such


proceedings (sec 9, rule 69)

What are the powers of the guardian in


action for partition?
- The guardian or guardian ad litem of a
minor or person judicially declared to be
incompetent may, with the approval of the
court first had, do and perform on behalf of
his ward any act, matter, or thing respecting
the partition of real estate, which the minor
or person judicially declared to be
incompetent
could
do
in
partition
proceedings if he were of age or competent.

Cost and expenses to be taxed


and collected (sec 10, rule69)

What are the actions of the court on


the expenses and cost of the
proceedings?
1. Equitably tax and apportion between or
among the parties the costs and expenses
whic accrue in the action;
2. Apportionment of the compensation of
the commissioners, having regard to the
interests of the parties, and execution
may issue therefore as in other cases.

Judgment and its effects (sec


11, rule 69)

What is the nature of a judgment in


partition?
- A judgment ordering partition with damages is
final and duly appealable notwithstanding the
fact, which petitioner seeks to capitalize on, that
further proceedings will still have to take place in
the trial court (Lim de Mesa v. CA, G.R No.
109387, april 25, 1994)

Outline of the contents of a


judgment in a partition and its
effects

The following are the contents and effects


of a judment in a partition:

a. If actual partition of property is made, the


judgment shall state definitely, by metes
and bounds and adequatedescription, the
particular portion of the estate assigned to
each party. The effect of the judgment shall
be to vest in each party to the action in
severally the portion of the estate assigned
to him;

b. If the whole property is assigned to one of


the parties upon his paying to the others
the sums or sums ordered by the court,
the judgment shall state the fact of such
payment, and the effect of of the
judgment shall be to vest in the party
making the payment the whole of the real
estate free from any interest on the part
of the other parties to the action;

c. If the property is sold and the sale


confirmed by the court, the judgment shall
state the name of the purchaser or
purchasers and a definite description of
the parcels of real estate sold to each
purchaser, and effect of the judgment
shall be to vest the real estate in the
purchaser or purchasers making the
payment or payments, free from the
claims of the parties to the action (Sec 11)

Neither paramount rights nor amicable


partition affected by this rule (sec 12,
rule 69)

What are the effects in case other person has


rights over the property?
- Nothing in this Rule contained shall be construed so
as to:
1. Prejudice, defeat, or destroy the right or title of
any person claiming the real estate involved by title
under any other person; or
2. By title paramount to the title of the parties
among whom the partition may have been made;
3. Nor so as to restrict or prevent persons holding
real estate jointly or in common from making an
amicable partition thereof by agreement and
suitable instruments of conveyance without recourse

Partition of personal property


(sec 13, rule 69)
May

partition of personal
property be made?
- YES. The provisions on the rule of
partition shall apply to partition of
estates
composed
of
personal
property, or of both real and
personal property, in so far as the
same may be applicable (Sec 13)

Prescription of action

Does the right to demand partion prescribe?


- As a general rule, NO. The right of action to
demand partition does not prescribe, except
where one of the interested parties openly and
adversely occupies the property without
recognizing the co-ownership in which case
acquisitive prescription may set in.

Maria del Rosario Mariategui


vs. CA
G.R. No. 57062, Jan. 24, 1992
FACTS
Lupo Mariateguie died without a will on June 15, 1953. During his
lifetime, Lupo contracted 3 marriages. He had 8 children all in all: 4
with his first wife, Eusebia; 1 daughter with his second wife,
Flaviana; and 3 with his third wife, Felipe.
Lupo left four properties which he acquired while he was still
unmarried. On December 2, 1967, Lupos descendants by his 1st
and 2nd marriages executed a deed of extrajudicial partition
whereby they adjudicated one of the lots unto themselves. An OCT
was issued in the names of these heirs. Subsequently, this lot was
subdivided into two, for which separate TCTs were issued to the
respective parties.

Lupos children with the third wife, who were claiming continuous
enjoyment and possession of the land, protested. They went to court
saying that when the court adjudicated one of the four lots to their coheirs, they were deprived of their respective shares in the lot. They
prayed for the partition of the entire estate (all 4 lots) and the annulment
of
the
deed
of
extrajudicial
partition.
The defendants (other heirs) filed a motion to dismiss on the grounds of
lack of cause of action and prescription. The trial court dismissed the
case while the CA declared that all the heirs were entitled to equal
shares in the estate. CA directed the heirs who had acquired TCTs to
execute deeds of reconveyance in favor of the heirs with the third wife.

Issue:
Whether or not the action for partition has prescribed

Ruling:

No. Prescription does not run against private respondents wrt the filing of the action for partition so
long as the heirs/co-owners for whose benefit the prescription is invoked have not expressly or
impliedly repudiated the co-ownership.

The registration was not a valid act of repudiation because it was not clearly made known to the other
heirs. For prescription to run, the act of repudiation is subject to certain conditions:

1. a co-owner repudiates the co-ownership


2. such act is clearly made known to the other co-owners
3. the evidence is clear and conclusive
4. OCEN possession of the property
Assuming that it was an act of repudiation of the co-ownership, prescription had not yet set in when
the respondents filed the action for partition. The reason is because there was fraud involved in
obtaining registration. Earlier the respondent heirs were assured by the petitioner-heirs no to worry
about their share in their inheritance; their existence as co-owners was recognized and in fact, they
constructed a house on the registered lot without objection from the petitioner-heirs. In as much as
petitioners registered the properties in their names in fraud of their co-heirs, prescription can only be
deemed to have commenced from the time respondents discovered the fraud. In this case,
respondents immediately commenced an action two months after they learned of the fraud.

PRESCRIPTION LIES IF THERE IS


REPUDIATION OF CO-OWNERSHIP
- Butwhile the action to demand partition of
a co-owned property does not proscribed,
a co-owner may acquire ownership thereof
by prescription where there exists a clear
repudiation of the co-ownership and the coowners are apprised of the claim of adverse
and exclusive ownership (Heirs of Restar v.
Heirs of Cichin 475

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