Project of partition

Posted on October 10, 2016 by PROF. ALVIN CLARIDADES

 
 
 
 
 
 
3 Votes

Project of partition defined

A project of partition is a document prepared by the executor or administrator setting
forth the manner in which the estate of the deceased is to be distributed among the
heirs. If the estate is a testate estate, the project of partition must conform to the terms
of the will; if intestate, the project of partition must be in accordance with the provisions
of the Civil Code (Cama de Reyes v. Reyes de Ilano, GR L-42092. Oct. 28, 1936, 63 Phil. 629).
Court to determine first the issue ownership prior to effecting partition
In actions for partition, the court cannot properly issue an order to divide the property,
unless it first makes a determination as to the existence of co-ownership. The court
must initially settle the issue of ownership, the first stage in an action for partition. An
action for partition will not lie if the claimant has no rightful interest over the subject
property.

Section 1 of Rule 69 of the Rules of Court requires the party filing the action to state in
his complaint the “nature and extent of his title” to the real estate. Until and unless the
issue of ownership is definitely resolved, it would be premature to effect a partition of
the properties (Reyes-De Leon v. Del Rosario, GR 152862. July 26, 2004, 479 Phil. 98, 107).
Partition does not terminate probate proceedings
Partition by itself alone does not terminate the probate proceeding (Timbol v. Cano, GR
L-15445. Apr. 29, 1961, 1 SCRA 1271). As long as the order of the distribution of the estate
has not been complied with, the probate proceedings cannot be deemed closed and
terminated (Siguion v. Tecson, GR L-3430 May 23, 1951, 89 Phil. 28) because a judicial
partition is not final and conclusive and does not prevent the heirs from bringing an
action to obtain his share, provided the prescriptive period therefore has not elapsed
(Mari v. Bonilia, GR L-852. Mar. 19, 1949, 83 Phil. 137).