SucCompre

3. Charlie is incorrect. 

Under the law, ommission of some of the properties shall not cause the rescission of the partition
on the ground of lesion. The partition in this case will be completed by the distribution of the
properties ommitted. 

Hence, Charlie's contention is incorrect. 

1.  Benjie and Charlie does not have the remedy to file for rescission of the partition anymore. 

Under the law, a co-heir may file for rescission of partition on the grounds of lesion, specifically
if exceeds 1/4 of the value of their shares. Action for rescission prescribes four years from the
date of partition.

In this case whereby 5 years had already passed from the date of partition. Benjie and Charlie
lose their right to rescind the partition.

Hence, Benjie and Charlie cannot file for rescission as a remedy in this case.

2. No. Bonds are only required in cases where there are unpaid debts or obligations and an heir is
deprived of his lawful participation in the partition payable in money. 

In this case where all the taxes,  charges, and liabilities of the estate had been paid and all heirs
participated in the partition, co-heirs are not bound to post a bond prior to receiving the
inheritance