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The petitioners, 7 of the 8 children of Liborio and Francisca, filed with the RTC of
February 20, 2013 | Reyes, J. | Petition for Review on Certiorari | Art1079 Dagupan City a Complaint for "Annulment of Documents, Ownership and Peaceful
PETITIONER: Jose Z. Casilang, Sr. substituted by his heirs Possession with Damages" against the respondents.
RESPONDENT: Rosario Z. Casilang-Dizon, Mario A. Casilang, Angelo A. 10. Among the documents sought to be annulled was the Deed of Extrajudicial Partition
Casilang, Rodolfo A. Casilang and Atty. Alicia B. Fabia, Clerk of Court and Ex- executed by Ireneo’s children over the lot, as well as the tax declaration in Ireneo’s
officio Sheriff of Pangasinan name, and by necessary implication its derivatives, which were issued in the name
SUMMARY: Rosario, niece of the petitioners, is claiming ownership over a parcel of Rosario.
of land in possession of her uncle Jose. Rosario claims that her father Ireneo, who 11. The petitioners alleged in their complaint that all 8 children of Liborio entered
died in 1992, is the owner of the land as evidenced by tax declarations (dated 1994) into a verbal partition of his estate, pursuant to which Jose was allotted the lot
and that her brothers have renounced their interest over the said lot. Jose, on the in question as his share; that Ireneo never claimed ownership of the same nor
other hand, claims that the land belongs to him by virtue of a verbal partition of their took possession of it, because his share was the 1/5 portion of another lot he
father’s estate made by all his siblings, with Rosario and her brothers representing took exclusive possession during his lifetime; that Jose has always resided in
Ireneo. The RTC held in Jose’s favor but the CA reversed. The SC granted Jose’s the subject lot , where he built his family’s semi-concrete house just a few steps
petition and reinstated the RTC’s decision. away from his parents’ old bamboo hut; that he took in and cared for his aged
DOCTRINE: An oral agreement for the partition of the property owned in common parents in his house until their deaths.
is valid and enforceable upon the parties. The Statute of Frauds has no operation in 12. The RTC ruled in Jose’s favor holding that in the Deed of Extrajudicial Partition
this kind of agreements, for partition is not a conveyance of property but simply a with Quitclaim dated January 8, 1998, subsequently executed by all the 8 Casilang
segregation and designation of the part of the property which belong to the co- siblings and their legal representatives―with Ireneo represented by his 4 children,
owners. and Bonifacio by his son Bernabe―petitioners Jose, Felicidad, Jacinta and Bernabe,
A parol partition may also be sustained on the ground that the parties thereto have acknowledged that they had “already received their respective shares of inheritance
acquiesced in and ratified the partition by taking possession in severalty, exercising in advance," and therefore, renounced their claims over the subject lot.
acts of ownership with respect thereto, or otherwise recognizing the existence of the 13. The CA reversed the RTC decision, relying on the conclusions of the MTC in the
partition. earlier case of unlawful detainer.

ISSUE: WoN the parties’ verbal partition is valid —YES.
1. The late spouses Liborio Casilang (Liborio) and Francisca Zacarias (Francisca) had
8 children, namely: Felicidad, Ireneo, Marcelina, Jacinta, Bonifacio, Leonora, Jose RATIO:
and Flora. 1. The parties’ verbal partition is valid, and has been ratified by their taking possession
2. Liborio died intestate on October 11, 1982 at the age of 83, followed not long after of their respective shares.
by his wife Francisca on December 25, 1982. Their son Bonifacio also died in 2. A parol partition may also be sustained on the ground that the parties thereto have
1986, survived by his child Bernabe, while son Ireneo died on June 11, 1992, acquiesced in and ratified the partition by taking possession in severalty, exercising
survived by his 4 children, Mario, Angelo, Rosario and Rodolfo (respondents) acts of ownership with respect thereto, or otherwise recognizing the existence of the
3. The estate of Liborio, which left no debts, consisted of three (3) parcels of land. partition.
4. Respondent Rosario filed with the MTC of Calasiao, Pangasinan a complaint for 3. A number of cases have specifically applied the doctrine of part performance, or have
unlawful detainer against her uncle, petitioner Jose from one of the parcels. Rosario stated that a part performance is necessary, to take a parol partition out of the
claimed that the lot was owned by her father Ireneo, as evidenced by a tax operation of the statute of frauds. It has been held that where there was a partition in
declaration issued in 1994 under her father’s name. fact between tenants in common, and a part performance, a court of equity would
5. The respondents executed a Deed of Extrajudicial Partition with Quitclaim whereby have regard to and enforce such partition agreed to by the parties.
they adjudicated the subject lot to themselves. In the same instrument, respondents 4. Jose’s possession of the lot under a claim of ownership is well borne out by the
Mario, Angelo and Rodolfo renounced their respective shares in the same lot in records. It is also consistent with the claimed verbal partition with his siblings, and
favor of Rosario. fully corroborated by his sisters Felicidad, Jacinta, Leonora, and Flora, who further
6. Jose failed to appear at the scheduled pre-trial conference, and was declared in testified that they each had taken possession of their own shares and built their houses
default. thereon.
7. The MTC rendered judgment finding Rosario to be the owner of the lot, and
ordering Jose to remove his house, vacate the lot, and pay Rosario P500.00 in
monthly rentals, plus attorney’s fees of P5,000.00, litigation costs.
8. The MTC issued a writ of execution and later, a Writ of Demolition.