In this relation Section 1 Rule 69 of the Rules of Court provides

In this relation section 1 rule 69 of the rules of

This preview shows page 5 - 7 out of 25 pages.

In this relation, Section 1, Rule 69 of the Rules of Court provides: LawlibraryofCRAlaw 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 provided in this Rule, 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 other persons interested in the property . 28 As can be gleaned from the foregoing provisions, the allegations of respondents in their complaint are but customary, in fact, mandatory, to a complaint for partition of real estate. Particularly, the complaint alleged: (1) that Pedro died intestate; (2) that respondents, together with their co-heirs, are all of legal age, with the exception of one who is represented by a judicial representative duly authorized for the purpose; (3) that the heirs enumerated are the only known heirs of Pedro; (4) that there is an account and description of all real properties left by Pedro; (5) that Pedro's estate has no known indebtedness; and (6) that
Image of page 5
respondents, as rightful heirs to the decedent's estate, pray for the partition of the same in accordance with the laws of intestacy. It is clear, therefore, that based on the allegations of the complaint, the case is one for judicial partition. That the complaint alleged causes of action identifying the heirs of the decedent, properties of the estate, and their rights thereto, does not perforce make it an action for settlement of estate. In this case, it was expressly alleged in the complaint, and was not disputed, that Pedro died without a will, leaving his estate without any pending obligations. Thus, contrary to petitioner'.s contention, respondents were under no legal obligation to submit me subject properties of the estate to a special proceeding for settlement of intestate estate, and are, in fact, encouraged to have the same partitioned, judicially or extrajudicially, Thus, respondents committed no error in filing an action for judicial partition instead of a special proceeding for the settlement of estate as the same is expressly permitted by law. Moreover, the fact that respondents' complaint al$o prayed for the annulment of title and recovery of possession does not strip the trial court off of its jurisdiction to hear and decide the case. Asking for the annulment of certain transfers of property could very well be achieved in an action for partition, 37 as can be seen in cases where courts determine the parties' rights arising from complaints asking not only for the partition of estates but also for the annulment of titles and recovery of ownership and possession of property. 3 An action for partition, therefore, is premised on the existence or non-existence of co-ownership between the parties.
Image of page 6
Image of page 7

You've reached the end of your free preview.

Want to read all 25 pages?

  • Spring '20
  • Complaint, Pleading

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture