PARTITION

RULE 69
 Definitions

• According to Civil Code of the Philippines “Parition is the

separation, division and assignment of a thing held in
common among those to whom it may belong.”
• Partition is the division between two or more persons of
real or personal property, owned in common, by setting
apart their respective interests so that they may enjoy and
possess these in severalty, resulting in the partial or total
extinguishment of co-ownership.
 Characteristics of Partition
• Partition does not result to change of ownership.
• Partition presupposes the existence of a co-ownership over a property
between two or more persons.
• Partition may demand at any time by a co-owner except on the
following instances:
a) If there is an agreement among the co-owners to keep the
property undivided for a certain period of time not exceeding 10years.
b) When prohibited by the donor or testator for a period not
exceeding 20years.
 c) When prohibited by law

d) When the subject is not subject to physical division that would render
it unserviceable for the use which it is intended.

e) When the condition imposed upon voluntary heirs before they can
demand partition has not yet been fulfilled.

• Also, its legal effects is to terminate the co-ownership and make the co-
owners absolute and exclusive owner of the their respected shares.
 Courts jurisdiction
• In Municipal Trial Court depending on the assessed value of the
property.
Personal property – Not more than 300k or 400k in Metro Manila
Real Property – Not more than 20k or 50k in Metro Manila
• In Regional Trial Court if beyond those amounts or incapable of
pecuniary estimation.
Who may file:
• Any person who has right to compel the partition of real
estate or of an estate composed of personal property or
both personal and real property.
Parties in an action for partition

• Plaintiff – one who supposed to be a co-owner of the property or estate to

sought to be partitioned.
• Defendants - composed of all co-owners of the said property or estate to
sought to be partitioned including other persons having interest in the
property.
Note: All co-owners and other interested party must be joined in the
action. The claimant must have rightful interest in the property dispute
otherwise the action will not prosper.
Matters to be alleged in the complaint

• Plaintiff must state in his complaint (a) the nature and extent
of his title and (b) the adequate description of the real or
personal estate of which partition is demanded.
• All other interested persons must be join as defendants in the
complaint.
• Also, the demand for an accounting of rents, profits and other
income which the plaintiff may be entitled to as his shares from
the property sought to be partition.
 Modes of Partition
• Voluntary agreement by the parties
• Judicial proceedings
 Stages of Partition
• The first stage is the settlement of the issue on ownership whether or
not co-ownership in fact exist and partition is proper and may be made
by voluntary agreement among the parties.
• This phase may end either of the following:
a)if the claimant has no rightful interest in the property dispute or
non-existence of co-ownership.
b) if partition is proper in the premise because co-ownership does in
truth exists and an accounting of rents and profits from the real property
in question is in order.
• The second stage commence when the parties are unable to agree upon the
partition then judicial proceedings of partition shall be made through the
assistance of not more than three(3) commissioners appointed by the court.

• Also, in second stage it deals with the rendition of the accounting and
approval by the court after the parties have been accorded opportunity to be
heard, and an award for recovery by the parties entitled of their just share in
the rents and profits of the real estate in question.
 Process in the order for partition

• During the trial, the court shall determine whether or not the plaintiff
is truly a co-owner of the property that co-ownership exists among the
parties.
• If the court so finds that the facts are such that a partition would be in
order and that the plaintiff has a right to demand partition, the court
will issue and order for partition.
• After the trial, the court shall order the partition of the property among
the parties if it finds that the plaintiff has right to a partition.
Note: A final order decreeing partition and accounting may be appealed
by any party aggrieved thereby.
 Appeal
• An action for partition is subject to multiple appeals.
• It requires a record on appeal.
• Reason behind the multiple appeals: to enable the rest
of the case to proceed in the event that a separate and
distinct issue is resolved by the court and held to be final.
 Judgment of an action for partition

• The judgment shall have the effect of vesting in each party to the action the
portion of the real estate assigned to him.
• If the whole property is assigned to one of the parties upon his paying to the
others the sum or sums ordered by the court, the effect 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.
• If the property is sold and the sale is confirmed by the court, the effect of the
judgment shall be to vest the real estate in the purchaser making the payment free
from the claims of any of the parties to the action.
Note: A certified copy of the judgment shall be recorded in the registry of deeds of
the place where the real estate is situated.