Beruflich Dokumente
Kultur Dokumente
PARTITION
Prepared by:
Aileen M. Gaviola
Jennifer Mae A. Novela
What is partition?
Purpose of partition
1.
2.
3.
4.
1.
2.
3.
a.
b.
FACTS:
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:
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)
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
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: