SCA Rule 69

Question 1

What is partition?

Answer 1

is the separation, division and assignment of a thing held in common among those whom it may belong (Cruz vs. Court of Appeals, 456 SCRA 165)

Question 2

Classes of Partition

Answer 2

a. Voluntary Partition – is a division of the property by the act of the parties themselves;
b. Compulsory Partition – is a partition by judicial proceedings at the instance of one or more of
the co-tenants without regard to the wishes of the other co-tenants.

Question 3

Jurisdiction

Answer 3

A. If the Subject Matter is a Personal Property
1. If the value exceeds P300,000.00 outside of Metro Manila or P400,000.00 within
Metro Manila – RTC 2. If value does not exceed P300,000.00 outside Metro Manila or P400,000.00 within
Metro Manila – MTC B. If the Subject Matter is a Real Property 1. If the assessed value of the real property exceeds P20,000.00 outside Metro Manila
or P50,000.00 within Metro Manila – RTC 2. If the assessed value of the real property does not exceed P20,000.00 outside of
Metro Manila or P50,000.00 within Metro Manila - MTC

Question 4

. . true or false. All co-owners must be joined. Accordingly, an action will not lie without the joinder of all co-owners and other persons having interest in the property. All the co-owners therefore, are
indispensable parties.

Answer 4

True

Question 5

True or false. An action for partition, as long exists does not prescribe. as co-ownership

Answer 5

True

Question 6

Requirements for the Claim of Prescription

Answer 6

In order that the defendant co-owners may claim ‘ ‘ prescription founded on adverse possession, it is indispensable: (a) that they should have performed unequivocal acts of repudiation amounting to an ouster of the other co-owners; (b) that the other co-owners were, or should have been, appraised of such positive acts of repudiation; and (c) that the evidence thereon should be clear and conclusive.

Question 7

STAGES IN AN ACTION FOR PARTITION
?

Answer 7

1. First Stage: Determination of the propriety of partition.
   • This involves the determination of whether the subject property is owned in common and
   whether all the co-owners are made parties in the case. The order may also require an accounting. ^
   This order of partition and accounting is appealable (Miranda vs. Court of Appeals, June 18, 1976).
2. Second Stage: The actual partitioning of the subject property.
   • If the parties are unable to agree upon the partition, the partition shall be done for the parties
   with the assistance of not more than three commissioners. This is also a complete proceeding and
   the order or decision is appealable.