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RULE 69 (PARTITION) Reviwer

Rule 69 outlines the process of partition, which divides property owned in common among co-owners in proportion to their interests. There are two stages to a judicial partition: 1) determining co-ownership and the propriety of partition, and 2) if the parties cannot agree, appointing commissioners to assign or sell the property. The complaint must allege the plaintiff's right to compel partition, the nature and extent of their title, and an adequate property description, and must implead all co-owners and other interested parties. The judgment will include the actual partition assigning portions to each party, or the sale of the property and accounting of rents and profits.

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2K views4 pages

RULE 69 (PARTITION) Reviwer

Rule 69 outlines the process of partition, which divides property owned in common among co-owners in proportion to their interests. There are two stages to a judicial partition: 1) determining co-ownership and the propriety of partition, and 2) if the parties cannot agree, appointing commissioners to assign or sell the property. The complaint must allege the plaintiff's right to compel partition, the nature and extent of their title, and an adequate property description, and must implead all co-owners and other interested parties. The judgment will include the actual partition assigning portions to each party, or the sale of the property and accounting of rents and profits.

Uploaded by

Neon True Beldia
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RULE 69

PARTITION

Partition, Definition
The process of dividing and assigning property owned in common
among the various co-owners thereof in proportion to their respective
interest in the property.
Kinds of Partition
1. Judicial – governed by Rule 69
2. Extrajudicial – by agreement of the parties

Complaint, Contents
Must allege:

1. Plaintiff’s right to compel partition;


2. Nature and extent of plaintiff’s title;
3. Adequate description of the real estate

Must implead:
1. All co-owners as indispensable parties;
2. All persons interested in the property as defendants

Note:

The failure to implead all of the co-owners will render the proceedings void.

All other persons interested include creditors, assignees and the like. They must be
impleaded so that they will have notice of the proceedings. If they are not included
in the proceedings, they can intervene and make objections.

However, such other parties are merely necessary parties. They are not
indispensable as such, the proceedings can still validly proceed without them.
Two (2) Stages of Partition

1. Determination of existence of co-ownership and propriety of


partition. Thereafter, parties may agree how to partition the
property. Order is appealable.

2. Second stage commences when the parties are unable to agree


upon the partition directed by the court. In that case, three (3)
commissioners are called.

Note:
If there is no disagreement regarding the manner of partition, then there is
no need to proceed to the second stage.

Judgment, Contents

Actual Partition

The metes and bounds and adequate description, the particular


portion of the estate assigned to each party.

Sale of property and its confirmation by the court

The name of the purchaser/s and a definite description of the


parcels of real estate sold to each purchaser.

Sale of the property owned in common usually occurs when the


co-owners do not wish to partition.

Accounting of:

1. Rent and profits on the real property

2. Just share of each party shall be included in the judgment


Purpose To segregate the respective shares of the parties
to a certain property co-owned by them.
When to File Anytime

* Right to demand partition is imprescriptible

Example: If a coowner asserts adverse title to the


property, prescription runs from such time of
assertion of adverse title.
Who may file Any of the co-owners to a property.
How Initiated By way of filing a complaint for partition.
Issues to be 1. The existence of the co-ownership over the
determined property subject
thereof; and

2. How the property will be divided.


Forms and The complaint shall set
Contents forth:

1. The nature and extent of his title;


2. An adequate(technical) description of the
real estate; and
3. All other persons
interested in the
property shall be
made defendants.
PROCEDURE FOR FILING

Filing of complaint
for partition in court

TRIAL

Section 2 Section 3
Parties may make When parties fail to
Judgment for partition; order the
the partition among agree; Court may appoint
partition of the real estate among
themselves. all the parties in interest. not more than 3
commissioners(compete
nt and disinherited)

Court shall confirm Section 4 Commissioners shall


the partition agreed take oath
upon,

Trial by commissioners;
Section 6 assignment or sale of
Partition and order real estate
of the court to be
registered in the
Section 6
ROD. Commissioner’s
Report

Notice to parties; file


Section 7 objections within 10 days

Set aside the report Accept the report in


Recommit the same to
and appoint new part and reject in
the commissioners
commissioners part

Hearing; Render
Judgement

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