24 Sepulveda V Pelaez
24 Sepulveda V Pelaez
Doctrine: in a complaint for partition, the plaintiff seeks, first, a declaration that he
is a co-owner of the subject property; and, second, the conveyance of his lawful RATIO:
shares.
Issue 1: The petition is granted for the sole reason that the respondent failed to
FACTS: implead as parties all the indispensable parties in his complaint.
Rodolfo Pelaez, as surviving spouse, is entitled to a portion in usufruct equal to that is proper in the premises, and that an accounting of rents and profits received by the
corresponding by way of legitime to each of the legitimate children who has not defendant from the real estate in question is in order. In the latter case, "the parties
received any betterment. The rights of the usufructuary are provided in Articles 471 to may, if they are able to agree, make partition among themselves by proper
490 of the old Civil Code.18 In Gamis v. Court of Appeals, we held that: instruments of conveyance, and the court shall confirm the partition so agreed upon
by all the parties." In either case, whether the action is dismissed or partition and/or
Under articles 807 and 834 of the old Civil Code the surviving spouse is a forced heir accounting is decreed, the order is a final one and may be appealed by any party
and entitled to a share in usufruct in the estate of the deceased spouse equal to that aggrieved thereby.
which by way of legitime corresponds or belongs to each of the legitimate children or
descendants who have not been bettered or have not received any share in the one- The second stage commences when the parties are unable to agree upon the
third share destined for betterment. The right of the surviving spouse to have a share partition ordered by the court. In that event, partition shall be effected for the parties
in usufruct in the estate of the deceased spouse is provided by law of which such by the court with the assistance of not more than three (3) commissioners. This
spouse cannot be deprived and which cannot be ignored. Of course, the spouse may second phase may also deal with the rendition of the accounting itself and its
waive it but the waiver must be express. approval by the Court after the parties have been accorded the opportunity to be
heard thereon, and an award for the recovery by the party or parties thereto entitled of
Section 1, Rule 69 of the Rules of Court provides that in an action for partition, all their just shares in the rents and profits of the real estate in question'.
persons interested in the property shall be joined as defendants.
Note: the decision appealed from was dismissed WITHOUT PREJUDICE.
Section 1. Complaint in action for partition of real estate. - A person having the right
to compel the partition of real estate may do so as in this rule prescribed, setting forth
in his complaint the nature and extent of his title and an adequate description of the
real estate of which partition is demanded and joining as defendants all the other
persons interested in the property.
Thus, all the co-heirs and persons having an interest in the property are indispensable
parties; as such, an action for partition will not lie without the joinder of the said
parties.
The mere fact that Pedro Sepulveda, Sr. has repudiated the co-ownership between
him and the respondent does not deprive the trial court of jurisdiction to take
cognizance of the action for partition, for, in a complaint for partition, the plaintiff
seeks, first, a declaration that he is a co-owner of the subject property; and, second,
the conveyance of his lawful shares.
The first stage of an action for judicial partition and/or accounting is concerned with
the determination of whether or not a co-ownership in fact exists and a partition is
proper, that is, it is not otherwise legally proscribed and may be made by voluntary
agreement of all the parties interested in the property. This phase may end in a
declaration that plaintiff is not entitled to the desired partition either because a co-
ownership does not exist or a partition is legally prohibited. It may also end, on the
other hand, with an adjudgment that a co-ownership does in truth exist, that partition