RULE 62: PARTITION ARTITION A. Purp Purpos ose e A co-owner of a real estate is not obliged to remain in the co-ownership and he may demand at any time the partition of the estate owned in common. (Article 494, Civil Code) Sch a co-owner may !le a complaint in cort setting forth in his complaint the natre and e"tent of his title and an ade#ate description of the real estate of which partition is demanded and $oining as defendants all other persons interested in the property. Sch an action for partition is also a viable alternative mode of settlement of a decedent%s estate. &artition, in general, is the separation, division and assignment of a thing held in common by those whom it may belong.
B. Parti arties es &etitioners' &etitioners' he action shall be broght broght by the person who has a right to compel the partition of real estate or of an estate composed of personal property, or of both real and personal property. he plainti is a person who is spposed to be a co-owner of the property property or estate soght to be partitioned. he defendants are all co-owners. All co-owners mst be $oined. Accordingly, an action will not lie withot the $oinder of all co-owners and other persons having interest in the property. A division of property cannot be ordered by the cort nless the e"istence of a coownership is !rst established. An action for partition will not lie if the claimant has no rightfl interest over the property.
C. Re Requ quir irem emen ents ts *irst, there is the isse of whether the plainti is indeed a co-owner of the property soght to be partitioned. Second, assming that the plainti sccessflly hrdles the !rst isse, there is the secondary isse of how the property is to be divided between the plainti and defendants, i.e. what portion shold go to which co-owner. he complaint mst contain the following' following' he natre natre and e"tent of his title+ and An ade# ade#a ate te desc descri ript ptio ion n of the the real eal or pers person onal al esta estate te of whic which h part partit itio ion n is demanded he plainti mst also $oin as defendants all other persons interested in the property. e mst also inclde a demand for an acconting of the rent, pro!ts or other income from the property which he may be entitled to as his share. /' 0n case the plainti asserts e"clsive ownership of the property soght to be partitioned, the natre natre of the action is not one for partition.
D. Ju!ment he rder of &artition' 1ring the trial, the cort shall determine whether or not the plainti is trly a co-owner of the property, that there is indeed a co-ownership of the property, that a partition is not legally proscribed, ths, may be allowed. 0f the cort so !nds that the plainti has a right to demand partition, the cort will isse an order for partition. 0f after the trial, the cort !nds that the plainti has the right of partition, the cort shall order the partition of the property among all the parties in interest. 2orthy of a note is the present rle that a !nal order decreeing (a) partition+ and (b) acconting may be appealed by any party aggrieved thereby. 3dgment of &artition+ eects of $dgment he $dgment shall have the eect of vesting in each party to the action the portion of the real estate assigned to him. 0f the whole property is assigned to one of the parties pon his paying to the others the sm or sms ordered by the cort, the eect of the $dgment shall be to vest in the party maing the payment the whole of the real estate free from any interest on the part of the other parties to the action. 0f the property is sold and the sale is con!rmed by the cort, the eect of the $dgment shall be to vest the real estate in the prchaser or prchasers maing the payment or payments, free from the claims of any of the parties to the action.
E. Post"Ju!ment Remeies &S 35167/ &8C/158/' After a $dgment in an action for partition declaring that the property in #estion shall be divided e#ally among the parties litigant, the procedre provided for by law thereafter is that if the parties can agree among themselves, then the partition can be made by the parties by the proper instrments of conveyance which shall be sbmitted for approval of the cort and sch partition with the cort order con!rming the same shall be recorded in the ce of the 8egister of 1eeds of the province. onorio v. 1nan, :;< SC8A ;:; =:9<<>) ?t if the parties are nable to agree pon the partition, the cort shall by order appoint not more than three competent disinterested persons as commissioners to mae the partition commanding them to set o to the plainti and to each party-ininterest sch part and proportion of the property as the cort in sch order shall direct. (1e 7esa v. CA, @: SC8A BB =:994>) &S 35167/ 8/7/10/S' A&&/A *87 / 7C 85/ 4D. Section :. 2here to appeal. E An appeal from a $dgment or !nal order of a 7nicipal rial Cort may be taen to the 8egional rial Cort e"ercising $risdiction over the area to which the former pertains. he title of the case shall remain as it was in the cort of origin, bt the party appealing the case shall be frther referred to as the appellant and the adverse party as the appellee. (a) Section @. 2hen to appeal. E An appeal may be taen within !fteen (:;) days after notice to the appellant of the $dgment or !nal order appealed from. 2here a record on appeal is re#ired, the appellant shall !le a notice of appeal and a record on appeal within thirty (D) days after notice of the $dgment or !nal order.
he period of appeal shall be interrpted by a timely motion for new trial or reconsideration. o motion for e"tension of time to !le a motion for new trial or reconsideration shall be allowed. &S 35167/ 8/7/10/S' A&&/A *87 / 8C 85/ 4:. Section @. 7odes of appeal. E (a) rdinary appeal. E he appeal to the Cort of Appeals in cases decided by the 8egional rial Cort in the e"ercise of its original $risdiction shall be taen by !ling a notice of appeal with the cort which rendered the $dgment or !nal order appealed from and serving a copy thereof pon the adverse party. o record on appeal shall be re#ired e"cept in special proceedings and other cases of mltiple or separate appeals where law on these 8les so re#ire. 0n sch cases, the record on appeal shall be !led and served in lie manner. (b) &etition for review. E he appeal to the Cort of Appeals in cases decided by the 8egional rial Cort in the e"ercise of its appellate $risdiction shall be by petition for review in accordance with 8le 4@. (c) Appeal by certiorari. E 0n all cases where only #estions of law are raised or involved, the appeal shall be to the Spreme Cort by petition for review on certiorari in accordance with the 8le 4;. (n) Section . &eriod of ordinary appeal. E he appeal shall be taen within !fteen (:;) days from notice of the $dgment or !nal order appealed from. 2here a record on appeal is re#ired, the appellant shall !le a notice of appeal and a record on appeal within thirty (D) days from notice of the $dgment or !nal order. he period of appeal shall be interrpted by a timely motion for new trial or reconsideration. o motion for e"tension of time to !le a motion for new trial or reconsideration shall be allowed. (n)
#. Important Points &artition is a @-Stage &rocess' :. 1etermination of wnership and 8ight to &artition @. &artition 0f the parties can agree among themselves, then the partition can be made by the parties by the proper instrments of conveyance. 0f the parties are nable to agree pon the partition, the cort shall by order appoint not more than three competent disinterested persons as commissioners to mae the partition A !nal order decreeing partition and acconting may be appealed by any party aggrieved thereby. &artial e"ection is allowed. he presence of all indispensable parties is a condition sine #a non for the e"ercise of $dicial power. 0n a sitation where there remains an isse as to the e"penses chargeable to the estate, partition is 0A&&8&80A/ and the action shold be dismissed.
