file:cvpro_part_3_ih.htm

8.  Partition

1. Two Stages of the Action

1.1 First Stage – Determination of the propriety
of partition

This involves a 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 of rents and
profits recovered by the defendant. This order of partition is appealable.454 If not appealed, then the parties may
partition the common property in the way they want. If they cannot agree, then
the case goes into the second stage. However, the order of accounting may in
the meantime be executed.455

1.2 Second Stage – The actual partitioning of the
subject property

This is also a complete proceeding and the order
or decision is appealable.

2. Prescription of Action

Action for partition is unprescriptible for as long as the co-owners
expressly or impliedly recognize the co-ownership.456
However, if a co-owner repudiates the co-ownership and makes known such
repudiation to the other co-owners, then partition is no longer a proper remedy
of the aggrieved co-owner. S/he should file an accion reivindicatoria which
is prescriptible.457

3. Some Decisions

3.1 When there was a prior partition, the fact
that the share of each co-heir has not been technically described and the title
over the whole lot remains uncancelled does not negate such partition. There
can be no partition again because there is no more common property.458

3.2 Oral partition of land when the same is fully
consummated is valid and binding upon the parties thereto.459