Rule 69 Partition two or more persons.
Thus, it was ruled
Calderon, Chatch L.,
Destajo, Leslie Ann F.,
Samson, Abigail C.,
Soriano, Alyssa Chantelle Deb P.
What is Partition?
An action for partition is typically brought
by a person claiming to be the owner of a
specified property against defendants
whom the plaintiff recognizes as co-
owners (Ignacio vs. Reyes, July 12, 2017)
It is the separation, division, and
assignment of a thing held in common
among those to whom it may belong.
(Article 1079, New Civil Code)
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 posses these in severalty, resulting in
the partial or total extinguishment of co-
ownership. (Leoveras vs. Valdez)
Nature of Partition
Partition among heirs is not legally
deemed a conveyance of real property
resulting in change of ownership. It is not
a transfer of property from one to the
other, but rather, a confirmation or
ratification of title or right of property that
an heir is renouncing in favor of another
heir who accepts and receives the
inheritance. It is merely a designation and
segregation of that part which belongs to
each heir. (Heirs of Ureta, Sr. v Heris of
Ureta)
Partition presupposes the existence of a
co-ownership over a property between
that a division of property cannot be
ordered by the court unless the existence
of co-ownership is first established , and
that an action for partition will not lie if
the claimant has no rightful interest in the
property. (Co Giuk Lun vs. Co)
The rule allowing partition originates
from a well-known principle embodied in
the Civil Code that no co-owner shall be
obliged to remain in the co-ownership.
Thus, he may demand, at any time, the
partition of the property owned in
common, insofar as his share in
concerned. (Article 494, New Civil Code)
What are the instances when a co-owner
may not demand partition?
(Bar 2010)
1. There is an agreement among the co-
owners to keep the property undivided
for a certain period of time but not
exceeding ten years. The term may,
however, be extended by a new
agreement.
2. When partition is prohibited by the
donor or testator for a period not
exceeding twenty years.
3. When partition is prohibited by law.
4. When the property is not subject to a
physical division and to do so would
render it unserviceable for the use for
which it is intended.
5. When the condition imposed upon
voluntary heirs before they can
demand partition has not yet fulfilled.
Effects of Partition
One of the legal effects of partition,
whether by agreement among the co-
owners or by judicial proceeding, is to
terminate the co-ownership and
consequently, to make the previous co-
owners the absolute and exclusive owner
of the share allotted to him. (Leoveras vs
Valdez)
Prescription of Action
An important principle to note is that
prescription does not run in favor of a co-
owner or co-heir against his co-owner or
co-heir as long as there is a recognition of
the co-ownership, expressly or impliedly.
(Article 494, New Civil Code)
A case held that while the action to
demand partition of a co-owned property
does not prescribe, a co-owner may
acquire ownership thereof by prescription
where there exists a clear repudiation of
the co-ownership and the co-owners are
apprised of the claim of adverse and
exclusive ownership. (Heirs of Restar vs.
Heirs of Cichon)
The right of action to demand partition
does not prescribe except where one of the
interested parties openly and adversely
occupies the property without recognizing
ownership, in which case, acquisitive
prescription may set it.
Court with Jurisdiction
The primary issue to be determined in an
action for partition boils down to whether
or not the plaintiff has a right to partition,
an issue incapable of pecuniary
estimation.
An action for partition of real property
also involves “interest in real property”.
Under B.P. 129, as amended by R.A.
11576, it requires that all civil actions
involving the title to, or possession of, real
property, or any interest therein, the
jurisdiction shall be determined by
inquiring into the assessed value of the
real property. Thus, an action for partition
of real property may be filed with the
MTC depending on the assessed value of
the property.
Where the action is not merely for
partition but for annulment of title and
documents, the action is incapable of
pecuniary estimation and thus, cognizable
by the Regional Trial Courts.
Sec. 19 (2) of B.P. 129 as amended by
R.A. 11576
Sec. 19 (2) of B.P. 129, as amended by
R.A. 11576 In all civil actions which
involve the title to, or possession of, real
property, or any interest therein, where the
assessed value exceeds Four Hundred
Thousand Pesos (P400,000.00) except for
forcible entry into and unlawful detainer
of lands or buildings, original jurisdiction
over which is conferred upon the
Metropolitan Trial Courts, and Municipal
Trial Courts in Cities, Municipal Trial
Courts, and Municipal Circuit Trial
Courts
Notes:
1. Once the jurisdictional value of a
potential case breaches the
appropriate threshold provided under
RA 11576, then the case should be
filed before the RTC and not the
MTC.
2. Exceptionally, unlawful detainer or
forcible entry cases, which cover
cases where a lessor intends to
judicially evict a delinquent lessee and
despite being an action concerning
 possession over real property, will co-owners are made parties. If the
always be cognizable by the MTCs court find that there must be
regardless of the assessed value of the partition, the aggrieved party may
property involved. appeal the decision.

What are the two ways in which partition
may be made?
1. By agreement of the parties; or
2. By judicial proceedings under the
Rules of Court (Article 496, Civil
Code) when the parties cannot
reach an agreement (Figuracion-
Gerilla v. Veda. De Figuracion,
499 SCRA 484, 490)
Is the right of the co-owners to opt for an
agreement of partition in lieu of a judicial
partition recognized by the Rules of
Court?
2. Actual Partitioning of the Subject
Property.
 The parties may agree on the
partition by executing a Deed of
Partition, where it will become
final after the court approves it.
The aggrieved party may appeal
the decision.
 If the parties does come into an
agreement as to how to partition
the property, the case will be heard
through trial by commissioner.
NOTE: No partition of personal
property.

Yes, as provided under Section 12, Rule
69 of the Rules of Court that nothing in
this rule xxx shall be construed xxx as to
restrict or prevent persons holding real
estate jointly or in common from making
an amicable partition thereof by
agreement and suitable instruments of
conveyance without recourse to action.
Are multiple appeals allowed in an
action for partition? If so, in what
proceedings and actions are they
allowed?
Yes, the action for partition is subject to
multiple appeals and would require a
record on appeal. 

What are the stages/phases in partition? Multiple appeals are allowed in:
First Phase Second Phase
In Lacbayan v. Samoy the court described
the stages or phases of partition as A suit is taken up commences when it
follows: with the appears that the parties are
determination of unable to agree upon the
TWO(2) STAGES: whether or not a co- partition directed by the
1. Determination of the Propriety of ownership in fact court
the Partition. exists, and a
Includes the question whether or partition is proper *In that event, partition
not the property is owned in and may be made shall be done for the
common or whether or not all the by voluntary parties by the court with
agreement of all the the assistance of not more -
parties interested in than three
the property. commissioners.
1. special proceedings
2. Actions for recovery of property
with accounting
3. Actions for partition of property
with accounting
4. Special civil actions of eminent
domain and foreclosure of
mortgage
The rationale behind allowing more than
one (1) appeal in the same case is 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 (Roman Catholic Archbishop of
Manila v. Court of Appeals, 258 SCRA
186, 194)
Are co-owners indispensable parties?  among the parties
(Bar 2009)
Yes, all the co-owners must be joined.
Accordingly, an action will not lie without
the joiner of all co-owners and other
persons having interest in the property
(Moran, Comments on the Rules of Court)
All the co-owners, therefore, are
indispensable parties.
Matters to be alleged in a complaint:
- Nature and extent of his title
- Adequate description of the real
and personal estate which partition
is demanded
- Must join all other persons
interested in the property as
defendants of the complaint (Sec. 1
and Sec 13, Rule 69, Rules of
Court)
Demand for accounting of the
(3) rents, profits and other income
from the property which he may be
entitled to the share (this must be
included in the action because it is
part of the cause of action of the
partition) (Sec. 8, Rule 69, Rules of
Court)
Note: If the allegations allege the
plaintiff’s exclusive ownership of the
property, it is not an action for partition,
but action for recovery of property.
Order for partition; final order is
appealable
The court shall determine the following:
- Whether or not the plaintiff is truly
a co-owner of the property
- There is indeed a co-ownership
- Co-ownership is not legally
proscribed
If indeed it is found that the plaintiff has
the right to demand, the court shall issue
an order for partition which may be
appealed. (Sec. 2, Rule 69, Rules of
Court)
Partition by agreement
1. The order directs the parties or co-
owners to partition the property
among themselves. If they agree,
the court will confirm the said
partition agreed by the parties and
 shall be recorded in the registry of
deeds of the place where the
property is situated. (Sec. 2, Rule
69, Rules of Court)
2. If they do not come into an
agreement, the next stage will be
the appointment of commissioners.
Partition by court appointed
commissioners; appointment
- If agreement will not be reached
among the parties, the court shall
appoint not more than three (3)
commissioners to make the
partition for the parties. (Sec. 3,
Rule 69, Rules of Court).
- The commissioners only make or
effect the partition and does not
grant them authority to adjudicate
questions of title or ownership.
- It is not meant to prejudice, defeat
or destroy the rights of any person
holding a title paramount to the
title of the parties among whom the
partition shall have been made.
When division would be prejudicial
- If the property cannot be divided if
the interests of the parties will be
prejudiced, the court may order it
to be assigned to one party,
provided that the said party shall
pay other parties such amounts as
the commissioners deem equitable.
(Sec. 5, Rule 69, Rules of Court)
- An interested party may also ask
the said thing to be sold, in which
case, the court shall order the
commissioners to sell the property
at a public sale. (Sec. 5, Rule 69,
Rules of Court)
Report of the Commissioners
(Sec 6, Rule 69, Rules of Court)
- Report to the Court of all partition
proceedings
- Copies of such report shall be
served by the Clerk of Court to all
interested parties
- Parties will be served a notice that
they are allowed to file objections
to the findings of the report
- Filing of objections shall be made
within 10 days from receipt of the
notice.
Action of the Court
Sec. 7, Rule 69, Rules of Court)
Upon hearing, the court may:
- Accept the report and render
judgment in accordance with the
same;
- Recommit the same to the
commissioners for further report of
facts, instead of accepting the
report;
- set aside the report and appoint
new commissioners;
- accept the report in part and reject
in part; or
- make such order and render such
judgment that shall effectuate a fair
and just partition of the estate.

Binding Effect
(Sec 6, Rule 69, Rules of Court)
- The Court must accept the report of
the Commissioners and render
judgment thereon.
- In effect, it shall bind the parties or
pass title to the property.
Effects of Judgment of Partition
(Sec 11, Rule 69, Rules of Court)
- The partition shall vest 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 interests 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 or
purchasers making the payment or
payments, free from the claims of
any of the parties to the action.
Recording of Judgment
(Sec. 11, Rule 69, Rules of Court)
- A certified copy of the judgment
shall be recorded in the Registry of
Deeds of the place where the real
estate is situated.
- The expense of such recording
shall be taxed as part of the costs of
action.
Expenses to be Paid from the Estate
(Figuracion-Gerilla v. Vda. De
Figuracion, 499 SCRA 484,490-491)
Rule:
- When there remains an issue as to
the expenses chargeable to the
estate, partition is inappropriate.
- Determination of the expenses such
as for deceased’s final illness and
burial cannot be done in an action
for partition.
- The heirs must first submit the
decedent’s estate to settlement.
- In estate settlement proceedings,
there is a proper procedure for the
accounting of all expenses
answerable by the estate.
- The heirs or distributes of the
properties may take possession
thereof even before the settlement
of accounts, as long as they first
file a bond conditioned on the
payment of the estate’s obligations.
Partition of Personal Property
(Sec. 13, Rule 69, Rules of Court)
- Rule 69 is applicable to partitions
of personal property.
- It is also applicable to both real and
personal property.