Case Digest in Wills and Succession (Partition) Lopez vs. CA TICKE! unac unacte ted d appl applic icat atio ion n for for home homest stea ead d paten patent, t, masi masipa pag g at madi madisk skart arteng eng panganay, no co-ownership "ACT "ACTS! S! In 1920, 1920, Ferm Fermin in Lopez Lopez occup occupie ied, d, poss possess essed ed and and decla declared red for for taa taati tion on purp purpose oses s a parce parcell of pu!l pu!lic ic land land cont contai aini ning ng an area area of 19 hecta hectares res,, "# ares, ares, ## centares, more or less, situated in $akatu!ong, %arrio &e la 'az, (ntipolo, )izal* +e filed a homestead application oer the land, !ut his application was acted upon until his death* +e was suried !y the following 1* +ermo +ermogen genes es Lope Lopez, z, now now decea decease sed, d, suri surie ed d !y his his chil childr dren en,, resp respond onden ents ts $arcelino, Felisa, .oilo and Leonardo, all surnamed Lopez as his heirs /priate respondents in this case 2* 'etiti 'etitione onerr leut leuteri erio o Lope Lopez z 3* 4uan Lopez, Lopez, now deceased, deceased, leaing leaing his childre children, n, 5uillermo, 5uillermo, Lorenzo, Lorenzo, &oming &omingo, o, (mado and 6ictoria, all surname Lopez, as his heirs and "* 7azario, 7azario, now deceased, deceased, leaing leaing petitioners petitioners (natali (natalia a /wife, and children children 4oselito, 4oselito, )ogelio, angeline and 7oel, all surnamed Lopez, as heirs* 8he eldest child, +ermogenes Lopez, filed an application for a homestead patent oer the the su! su!ect ect proper property ty whic which h he culti cultia ate ted* d* :naw :nawar are e that that he has has !een !een award awarded ed a homestead patent, +ermogenes eecuted an tra-4udicial 'artition of the disputed property with his !rothers leuterio, 4uan and 7azario* ;u!se? thereof as its co-owners, or in the alternatie, pay its alue* In its (nswer with =ompulsory =ounterclaim, respondents alleged that they are the a!solute owners of the contested land on the !asis of the homestead grant to their predecessor-in-interest, +ermogenes*
TC! 8he trial court rendered a decision in faor of petitioners ordering the diision of the disputed lot in edisallowance of the award of attorney@s fees*
with
respect
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the
ISS%E! whether or not the remedy of partition is aaila!le to petitioners* SC %LI&'! 7o* 8he =ourt denied the petition for lack of merit* It ruled that in this case, the application of Fermin Lopez unfortunately remained unacted upon up to the time of his death, since it was neither approed nor denied !y the &irector of Lands* +ence, a alid application for homestead is lacking* 8his preented Fermin Lopez from ac
7ot !eing co-owners of the disputed lot, petitioners cannot demand its partition* 8hey do not hae any interest or share in the property upon which they can !ase their demand to hae it diided*