Friday, October 14, 2011

Two (2) Stages in Every Action for Partition

There are two stages in every action for partition under Rule 69 of the Rules of Court.

The first stage is the determination of whether or not a co-ownership in fact exists and a partition is proper (i.e., not otherwise legally proscribed) and may be made by voluntary agreement of all the parties interested in the property.

The second stage commences when it appears that “the parties are unable to agree upon the partition” directed by the court.  In that event, partition shall be done for the parties by the court with the assistance of not more than three (3) commissioners. (Dadizon vs. Bernadas, G.R. No. 172367, June 5, 2009; De Mesa v. Court of Appeals, G.R. No. 109387, April 25, 1994, 231 SCRA 773)

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Two (2) Stages in Every Action for Partition"

Post a Comment