Marasigan vs. Marasigan Emergency Recit: Alicia Marasigan died. She owned 2/21 shares out of 13 parcels of land.

Alicia was survived by her siblings: Cesar, Apolonio, Lilia, and Benito; Marissa, a sister-in-law; and the children of her brothers who predeceased her: Francisco, Horacio, and Octavio. Heirs other than Cesar filed a petition for partition in the RTC. Cesar opposed. RTC approved this. They were unable, however, to agree on how to physically partition the land. They appointed commissioners to settle this. Only 2 commissioners since Cesar failed to nominate one. Commissioners Report: 1/7 of 2/21 of 13 parcels of land too hard to physically partition without prejudice so better assign them all to one person who will buy the shares of others. RTC approved this recommendation and report by the Commissioners. Cesar died and was replaced by his heirs, herein petitioners. They brought case to CA but CA affirmed RTC. Whether or not the Court of Appeals erred in affirming in toto the RTC Order adopting the Commissioners recommendation on the manner of partition of the estate of Alicia Marasigan. They did not err in affirming the RTC Order!! PETITION DENIED. In this jurisdiction, an action for partition is comprised of two phases: first, the trial court, after determining that a co- ownership in fact exists and that partition is proper, issues an order for partition; and, second, the trial court promulgates a decision confirming the sketch and subdivision of the properties submitted by the parties (if the parties reach an agreement) or by the appointed commissioners (if the parties fail to agree), as the case may be. The Commissioners found, after a viewing and examin ation of Alicias estate, that the same cannot be divided without causing prejudice to the interests of the parties. Dividing the parcels of land, each portion allotted to Alicias heirs, with a significantly reduced land area and widely scattered in two m unicipalities, would irrefragably diminish the value and use of each portion, as compared to keeping the entire estate intact. Inasmuch as the parties continued to manifest their desire to terminate their co-ownership, but the co-heirs/coowners could not agree on which properties would be allotted to each of them, this Court finds that the Court of Appeals was correct in ruling that the RTC did not act with grave abuse of discretion amounting to lack or excess of jurisdiction when it approved the Commissioners recommendation that the co-heirs/co-owners assign their shares to one of them in exchange for proper compensation. .