SECTION 6 – PARTITION AND DISTRIBUTION OF THE ESTATE 2.

Court;
3. Testator; or
SUBSECTION 1 – PARTITION 4. Person appointed by the testator

Art. 1078 Art. 1080

CO-OWNERSHIP AMONG CO-HEIRS Ratio for a partition inter vivos
In testamentary succession, the will of the testator must first 1. To give the testator a greater leeway in dividing his
be admitted to probate. Prior to probate, the will cannot pass estate and allocating specific properties; and
any property. 2. To prevent bickering among the heirs

In intestate succession, the identity of the heirs and their Dimayuga v. CA

respective entitlements must await judicial confirmation, Based on Art. 1056 of the old Civil Code. A partition inter vivos
unless the intestate heirs extra-judicially settle the estate of requires an act of the testator – the execution of a valid
the decedent. antecedent will.

The hereditary estate is owned in common by the heirs of the Mang-Oy v. CA

decedent during the period after the opening of succession. Current rule followed. Distinguishes between the two modes
of partition of 1) by will; and 2) partition by an act inter vivos.
Co-ownership – when the ownership of an undivided thing or
right belongs to different persons. In the second mode, “this partition is not necessarily either a
donation nor a testament, but an instrument of a special
Art. 1079 character, which is revocable at any time by the causante
DISSOLUTION OF CO-OWNERSHIP during his lifetime.” Thus, a valid antecedent will is not
Partition – the separation, division and assignment of the necessary.
hereditary estate among the heirs.
Chavez v. IAC
General rule: No co-owner shall be obliged to remain in the co- Based on the NCC. Partition must be executed in accordance
ownership. Each may demand, at any time, the partition of the with the provisions of the law on wills, however, when a
thing owned in common. person makes a partition of his estate, it may be oral or
written, and need not be in the form of a will, provided that
Forms of Partition the partition does not prejudice the legitime of compulsory
1. Physical partition; or heirs.
2. Partition of the value
Keeping an Enterprise Intact
Quasha Pena v. LCN Construction Corp A parent may wish to keep an agricultural, industrial or
Sec. 1, Rule 80 RoC allows the distribution of the estate prior manufacturing enterprise intact by assigning the same to one
to the payment of the obligations, provided that the or some but not all of the compulsory heirs.
“distributes, or any of them, give a bond in a sum to be fixed
by the court, conditioned for the payment of said obligations To prevent a partition of the enterprise which could affect its
within such time as the court directs.” profitability, viability, efficiency, competitiveness and
existence.
Court’s discretion must qualified by the following:
1. Only part of the estate that is not affected by any Art. 1081
pending controversy or appeal may be subject of DELEGATION OF THE POWER TO PARTITION THE ESTATE
advance distribution; and General Rule: The making of a will is a personal act which the
2. The distributes must post a bond fixed by the court testator cannot delegate in whole or in part to the discretion
conditioned for the payment of outstanding of a third person
obligations of the estate.  Involves the exercise of testamentary discretion
Exception: Partition of the estate
Who May Effect a Partition  Involves the exercise of testamentary disposition
1. Heirs themselves;
A decedent who dies without a will, without debts and heirs Where a testator instituted several heirs to aliquot parts of his
are all of legal age, heirs may do so through a deed of hereditary estate and the third person authorized to make the
extrajudicial partition. partition is guided by the testamentary dispositions in the will.

Heirs who are unable to reach an agreement may resort to Heirs are disqualified by law from being the implementor of
judicial intervention through 1) institute a proceeding in the partition because of their direct interest to the estate
intestacy or 2) action for parition
YASON, Isabelle Alexis P. | DLSU College of Law 49
 1. Adjudicate the thing to one heir who shall pay the
Art. 1082 others with the cash equivalent; or
PARTITION UNDER A DIFFERENT NAME 2. Sell the thing at a public auction to fetch the fair
Every act that puts an end to indivision is deemed a partition market value of the thing to be sold.
regardless of how documented.
Art. 1086 Art. 1080 (2)
Art. 1083 Applies if the property co- Inheritance consists of an
THE RIGHT TO DEMARD PARTITION owned by the heirs is agricultural, industrial or
essentially indivisible manufacturing enterprise
Instances when partition may be ordered by the courts which, while divisible, is best
1. When any of the causes for dissolution of a kept undivided.
partnership occurs; and
2. When a court, acting on petition of a co-heir, finds a Art. 1087
compelling reason to order a division of the estate REIMBURSEMENT OF COSTS AND BENEFITS
held in co-ownership.
Reimbursement scenarios (go back to p.1002)
Prohibition to partition the estate: only 20 years 1. Co-heirs are mandated to reimburse each other for
any income or benefit which each of them may have
ART. 1084 received from any property forming part of the
INSTITUTION WITH A SUSPENSIVE CONDITION hereditary estate prior to partition
The effectivity of such institution is temporarily held in 2. Co-heirs are obligated to reimburse a co-heir who
abeyance until such time as the condition is fulfilled. incurred expenses for necessary or useful
Pending fulfillment, the conditionally instituted heir has no improvements on the thing or property owned in
right to demand for a partition. common
3. A co-heir is obliged to reimburse the other co-heirs
H/L/D whose successional rights are not conditional may for any damage which through malice or neglect he
demand partition, provided they give adequate security to the caused to the thing or property owned in common.
heir affected by suspensive condition.
Art. 1088
Thus, 1084 permits a provisional partition of the estate that LEGAL REDEMPTOIN
would segregate the share pertaining to the conditionally The right to be subrogated, upon the same terms and
instituted heir. conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dation in payment, or by any
If the suspensive condition is not fulfilled, heir loses his share other transaction whereby ownership is transmitted by
and the vacant portion shall be awarded to: onerous title.
1. Substitute heir; or
2. Other co-heirs (right of accretion; or Co-owners may exercise it in case the shares of all the other
3. Intestate heir (if right of accretion is not available) co-owners or any of them, are sold to a third person

Art. 1085 Can be exercised within 30 days from receipt of notice in

QUALITATIVE EQUALITY writing of the selling co-owner. Redemption period is 30 days.
“As far as possible” – law seeks to achieve qualitative equality
among the co-heirs Art. 1088 Art. 1620
Right of redemption in co- Right of redemption in co-
Art. 1086 ownership among co-heirs ownership in general
TREATMENT OF INDIVISIBLE THINGS in particular.
Things which cannot be physically partitioned between or Redemption price is the sale Redemption price is the
among co-heirs without destroying the thing or impair its value price same as sale price, but if
price of sale is grossly
Situations: excessive, the redemptioner
1. Where the inheritance consists of an essentially shall pay only the
indivisible property (Amorsolo painting) and reasonable price.
2. Where the inheritance consists of a divisible property
but a division thereof would impair its value (Mahjong Alonzo v. IAC
set) SC disallowed the exercise of the right of redemption
notwithstanding that the seller of an undivided interest in an
Alternate solutions to dissolve the co-ownership

YASON, Isabelle Alexis P. | DLSU College of Law 50

inheritance did not serve a written notice of sale to the other 1. Assignee knew of the facts and deliberately took a
co-heirs. risk; or
2. If the assignee was given a fair opportunity to
Art. 1089 & 1090 examine the receivables and make an assessment of
Self explanatory collectability; or
3. If the assignee was negligent in making such
SUBSECTION 2 – EFFECTS OF PARTITION assessment.

Art. 1091 Warranty of solvency is enforceable by an heir against his co-

EFFECT OF PARTITION heirs within a period of 5 years from the date of partition.
Dissolves co-ownership and each co-heir takes exclusive title
to the specific portion adjudicated to him. Art. 1096
EXCLUSIONS TO THE WARRANTIES
Art. 1092
WARRANTY OF TITLE (go back p. 1009-1010) 1. Warranties are generally not extended to the heirs
Each co-heir warrants to the others that following the partition when the partition is made by the testator
each will acquire good title to the property respectively - Not unlawful for a testator to give something to
adjudicated to each of them. an heir subject to contingencies

Art. 1093 2. Warranties may be waived by the heirs in the

LIABILITY OF CO-HERIRS UNDER THE WARRANTY OF TITLE relevant deed of partition
AND HIDDEN DEFECTS - Waiver or warranties in Arts. 1092 & 1095 is not
Co-heir must make good the warranty of title and/or the contrary to law or public policy but must have the
warranty of hidden defects are liable to the aggrieved heir in consent of the heir making the waiver.
proportion tot heir respective shares of the inheritance.
3. Warranty of title cannot be invoked by an heir who
X left a NE of 500,000 to his 5 sons A, B, C, D, & E. E was is evicted for a cause
adjudicated with land valued at 100k but was evicted from the
land. SUBSECTION 3 – RESCISSION AND NULLITY OF PARTITION

A-D will contribute 20% (20k) to make whole the loss of E. E Art. 1097
also participated in the loss. Partition is premised on the survival of two or more heirs who
are entitled to inherit the hereditary estate, which requires the
Insolvency of an Indemnitor execution of a deed of partition.
If any of the heirs who is obliged to indemnify an aggrieved heir
is insolvent, the share of the insolvent indemnitor shall be Rescission in 1097
assumed by those who are solvent, but deducting therefrom A limited right available to a contracting party to terminate an
the corresponding share otherwise valid contract which has caused him economic
damage. (read Art. 1380-1382)
Art. 1094 1. Subsidiary – cannot be instituted except when there
Self-explanatory is no other legal means to obtain reparation
2. Granted only to the extent necessary to cover the
Art. 1095 damage
PARTITION OF RECEIVABLES 3. Creates the obligation to return the things which were
A receivable’s value is largely dependent on the solvency of the the subject of the contract, including the fruits and
debtor. Its value must also be determined. price with interest
4. Rescission based on lesion is not available with
If at the time of the partition, some receivables are assigned to respect to contracts approved by court
an heir, the co-heirs do not incur any liability to the assignee if 5. Prescription of 4 years
the debtor should subsequently become insolvent.
TYPES OF DEFECTIVE PARTITON
They only incur to the assignee if the insolvency of the debtor 1. Voidable because of vice of consent
existed at the time partition was made.
2. Valid, but because of equitable considerations it
An assignee who accepted the receivables as part of his share may, under certain conditions, be rescinded.
in the partition cannot hold the other heirs liable under a May be rescinded for the same causes as contracts. Deed of
warranty of solvency of the debtor if: partition may be rescinded for the causes under Art. 1381.

YASON, Isabelle Alexis P. | DLSU College of Law 51

Bautista v. Bautista 1. To indemnify the plaintiff heir for the economic
An action to set aside an “invalid partition” is imprescriptible. damage which the latter sustained under the
partition
Art. 1098 - Indemnitor may pay in cash the deficiency of the
LESION IN CONTRACT LAW LESION IN PARTITION share or deliver the property of the same kind
Economic damage suffered Economic damage suffered and quality adjudicated.
by a party to a contract who by an heir as a consequence
received a consideration of the partition of the HE 2. To agree to a new partition
less than that which is fair. where heir did not receive - The new partition is only a partial reassignment
his fair share. of shares. Those who did not suffer an economic
Art. 1381(1 & 2) allows the Art. 1098, partition may be damage cannot ask nor participate in the new
rescission of a contract on rescinded, provided the partition.
the basis of lesion if the extent of the economic
economic damage to the damage of the aggrieved Art. 1102
ward or the absentee is heir is at least ¼ of the value MAINTAINING AN ACTION FOR RESCISSION
more than ¼ of the value of of his rightful share in the The heir who seeks to rescind a partition must not have
the object of the contract. inheritance. alienated the property which he received under the partition
which he seeks to rescind.
Art. 1386, rescission of a Judicially approved partition
contract based on economic does not bar the remedy of If he did, he will not be permitted to maintain an action for
damage shall not take place rescission. rescission. Remedy is to ask for indemnification to compensate
with respect to contracts him for the economic damage suffered.
approved by the court.
Art. 1103
Art. 1099 INCOMPLETE DISTRIBUTION OF THE ESTATE
PARTITION MADE BY THE TESTATOR If some assets were omitted in the partition, the remedy is to
General Rule: A voluntary heir cannot raise the issue of execute a supplemental deed of partition to distribute. While
economic damage in seeking the rescission of a partition made it may result in economic damage, deliberate or unintentional
personally by the testator. Anything given by the testator is an omission of certain assets is not a cause for rescission.
economic advantage.
Art. 1104
Exceptions: PRETERITION
1. A partition made by the testator that resulted in an Art. 854 Art. 1104
economic damage to a CH does not preclude the Total omission of a CH in the The exclusion of a CH in the
latter from seeking a completion of his legitime. Any direct line who is living at partition of an inheritance.
CH to whom the testator has left by any title less that the time of the execution of Omission is the result of the
the legitime belonging to him may demand it to be the will or born after the partition executed by the
satisfied. death of the testator. heirs themselves.
2. VH may raise economic damage resulting from a Annuls the institution of May result in the rescission
partition made by testator if he can prove it by heirs, without prejudice to of partition if fraud or bad
competent evidence or if it can be presumed that the L/D that do not impair the faith exists.
testator intended to give him something of a definite legitime. Remedy is to obtain
value. proportionate
compensation from the
Art. 1100 persons who benefitted
PRESCRIPTIVE PERIOD from the partition in excess
4 yeas to bring an action to rescind a partition and contract. of which they are lawfully
entitled to.
Art. 1101 Occurs in testamentary Occurs in intestate
RESCISSION OR PARTITION IS NOT MANDATORY succession where the succession
An action for rescission is subsidiary. Even if an heir suffered omission of CH is
economic damage because of partition, the court is not presumably unintentional
required to order its rescission.
Non v. CA
Choice of remedy is vested with the defendant heirs:
Art. 1105
PARTICIPATION OF STRANGERS IN THE PARTITION

YASON, Isabelle Alexis P. | DLSU College of Law 52

A stranger to the inheritance or a person who has no economic
interest has no legal standing to participate in the partition of
the estate.

If by his participation in the partition he receives something,

he does not acquire ownership and is void but only as to him.
There is no legal basis for his acquisition.

Effect of Nullity of the Partition

Limited only to those strangers who participated. Whatever is
adjudicated in favor of strangers must be returned to the
estate for proper disposition.

YASON, Isabelle Alexis P. | DLSU College of Law 53