Professional Documents
Culture Documents
2 Arriola V Arriola
2 Arriola V Arriola
*
G.R. No. 177703. January 28, 2008.
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* THIRD DIVISION.
667
VOL. 542, JANUARY 28, 2008 667
AUSTRIA-MARTINEZ, J.:
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3 Rollo, p. 28.
4 CA Decision, id., at p. 98.
5 See RTC Order dated August 30, 2005, id., at p. 33.
6 Id.
7 Id.
8 Rollo, p. 20.
670
670 SUPREME COURT REPORTS ANNOTATED
Arriola vs. Arriola
9
The RTC denied the motion in an Order dated August 30,
2005, for the reason that petitioners were justified in
refusing to have the subject house included in the auction,
thus:
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9 Supra note 5.
10 Rollo, pp. 34-35.
11 Id., at p. 49.
671
VOL. 542, JANUARY 28, 2008 671
Arriola vs. Arriola
12
Respondent filed with the CA a Petition for Certiorari
where he sought to have the RTC Orders set aside, and
prayed that he be allowed to proceed with the auction of
the subject land including the subject house.
In its November 30, 2006 Decision, the CA granted the
Petition for Certiorari, to wit:
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12 Rollo, p. 51.
13 Id., at p. 105.
14 Id., at p. 115.
672
This new provision clarifies with a regularity norm the proper procedure
for commencing contempt proceedings. While such proceeding has been
classified as special civil action under the former Rules, the heterogenous
practice tolerated by the courts, has been for any party to file a motion
without paying any docket or lawful fees therefore and without
complying with the requirements for initiatory pleadings, which is now
required in the second paragraph of this amended section.
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Henceforth, except for indirect contempt proceedings initiated motu
proprio by order of or a formal charge by the offended court, all charges
shall be commenced by a verified petition with full compliance with the
requirements therefore and shall be disposed in accordance with the
second paragraph of this section.
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673
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Even if the contempt proceedings stemmed from the main case
over which the court already acquired jurisdiction, the rules
direct that the petition for contempt be treated independently of
the principal action. Consequently, the necessary prerequisites for
the filing of initiatory pleadings, such as the filing of a verified
petition, attachment of a certification on non-forum shopping,
and the payment of the necessary docket fees, must be faithfully
observed.
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The provisions of the Rules are worded in very clear and
categorical language. In case where the indirect contempt charge
is not initiated by the courts, the filing of a verified petition which
fulfills the requirements on initiatory pleadings is a prerequisite.
Beyond question now is the mandatory requirement of a verified
petition in initiating an indirect contempt proceeding. Truly, prior
to the amendment of the 1997 Rules of Civil Procedure, mere
motion without complying with the requirements for initiatory
pleadings was tolerated by the courts. At the onset of the 1997
Revised Rules of Civil Procedure,
16
however, such practice can no
longer be countenanced.” (Emphasis ours.)
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16 Id., at pp. 632-634, 636; see also Land Bank of the Philippines v.
Listana, Sr., 455 Phil. 750, 758-759; 408 SCRA 328, 334-335 (2003).
674
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17 Supra note 5.
18 Article 440. The ownership of property gives the right by accession to
everything which is produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.
19 Article 445. Whatever is built, planted or sown on the land of another
and the improvements or repairs made thereon, belong to the owner of the
land, subject to the provisions of the following articles.
20 Article 446. All works, sowing and planting are presumed made by
the owner and at his expense, unless the contrary is proved.
675
Sir:
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25
in common by the latter’s heirs,
26
the parties herein, any
one of whom, under Article 494 of the Civil Code, may, at27
any time, demand the partition of the subject house.
Therefore, respondent’s recourse to the partition of the
subject house cannot be hindered, least of all by the mere
technical omission of said common property from the
complaint for partition.
That said notwithstanding, we must emphasize
that, while we treat the subject house as part of the
coownership of the parties, we stop short of
authorizing its actual partition by public auction at
this time. It bears emphasis that an action for partition
involves two phases: first, the declaration of the existence
of a state of coownership; and second, the actual
termination of that state of co-ownership
28
through the
segregation of the common property. What is settled thus
far is only the fact that the subject house is under the co-
ownership of the parties, and therefore susceptible of
partition among them.
Whether the subject house should be sold at public
auction as ordered by the RTC is an entirely different
matter, depending on the exact nature of the subject house.
Respondent claims that the subject house
29
was built by
decedent Fidel on his exclusive property. Petitioners add 30
that said house has been their residence for 20 years.
Taken together, these averments on record establish that
the subject
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678
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31 Spouses Versola v. Court of Appeals, G.R. No. 164740, July 31, 2006,
497 SCRA 385, 392.
679
“Article 159. The family home shall continue despite the death of
one or both spouses or of the unmarried head of the family for a
period of ten years or for as long as there is a minor beneficiary,
and the heirs cannot partition the same unless the court
finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the
family home.” (Emphasis supplied.)
The purpose of Article 159 is to avert the disintegration of
the family unit following the death of its head. To this end,
it preserves the family home as the physical symbol of
family love, security and unity by imposing the following
restrictions on its partition: first, that the heirs cannot
extrajudicially partition it for a period of 10 years from the
death of one or both spouses or of the unmarried head of
the family, or for a longer period, if there is still a minor
beneficiary residing therein; and second, that the heirs
cannot judicially partition it during the aforesaid periods
unless the court finds compelling reasons therefor. No
compelling reason has been alleged by the parties; nor has
the RTC found any compelling reason to order the partition
of the family home, either by physical segregation or
assignment to any of the heirs or through auction sale as
suggested by the parties.
More importantly, Article 159 imposes the proscription
against the immediate partition of the family home
regardless of its ownership. This signifies that even if the
family home has passed by succession to the co-ownership
of the heirs, or has been willed to any one of them, this fact
alone cannot transform the family home into an ordinary
property, much less dispel the protection cast upon it by
the law. The rights of the individual co-owner or owner of
the family home cannot subjugate the rights granted under
Article 159 to the beneficiaries of the family home.
Set against the foregoing rules, the family home—
consisting of the subject house and lot on which it stands—
cannot be partitioned at this time, even if it has passed to
the co-ownership of his heirs, the parties herein. Decedent
Fidel
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32
died on March 10, 2003. Thus, for 10 years from said date
or until March 10, 2013, or for a longer period, if there is
still a minor beneficiary residing therein, the family home
he constituted cannot be partitioned, much less when no
compelling reason exists for the court to otherwise set aside
the restriction and order the partition of the property.
33
The Court ruled in Honrado v. Court of Appeals that a
claim for exception from execution or forced sale under
Article 153 should be set up and proved to the Sheriff
before the sale of the property at public auction. Herein
petitioners timely objected to the inclusion of the subject
house although for a different reason.
To recapitulate, the evidence of record sustain the CA
ruling that the subject house is part of the judgment of
coownership and partition. The same evidence also
establishes that the subject house and the portion of the
subject land on which it is standing have been constituted
as the family home of decedent Fidel and his heirs.
Consequently, its actual and immediate partition cannot be
sanctioned until the lapse of a period of 10 years from the
death of Fidel Arriola, or until March 10, 2013.
It bears emphasis, however, that in the meantime, there
is no obstacle to the immediate public auction of the portion
of the subject land covered by TCT No. 383714, which falls
outside the specific area of the family home.
WHEREFORE, the petition is PARTLY GRANTED and
the November 30, 2006 Decision and April 30, 2007
Resolution of the Court of Appeals are MODIFIED in that
the house standing on the land covered by Transfer
Certificate of Title No. 383714 is DECLARED part of the
co-ownership of the parties John Nabor C. Arriola, Vilma
G. Arriola and Anthony Ronald G. Arriola but EXEMPTED
from partition by public auction
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