Section 7. Action of the court upon commissioners’ report.
- After the 10-day period (or once objections or agreements are filed), the court reviews the
commissioners’ report.
- The court has several options:
o Accept the report and issue judgment;
o Send it back to the same commissioners for more findings;
o Reject the report and appoint new commissioners;
o Accept only part of the report and reject the rest.
- The court’s goal is to ensure the partition (or assignments/sale value) is fair and just to
all co-owners.
Section 8. Accounting for rent and profits in action for partition.
- In a partition case, a co-owner who received rents or profits from the property must
account for them.
- Each party is entitled to their fair share of those rents and profits.
- The court’s judgment must include the proper allowance or payment for these rents and
profits to ensure fairness.
Section 9. Power of guardian in such proceedings.
- A guardian (or guardian ad litem) may act on behalf of a minor or an incompetent person
in partition cases.
- The guardian can perform any act in the partition that the ward could have done if they
were capable (such as agreeing to partition terms).
- Court approval is required before the guardian performs these acts.
Section 10. Costs and expenses to be taxed and collected.
- The court will divide the costs and expenses of the partition case among the parties.
- This includes commissioners’ fees and other case-related expenses.
- The apportioning of costs must be fair and equitable, considering each party’s interest.
- The court may issue execution (enforcement) to collect these costs, just like in other
cases.
Section 11. The judgment and its effect; copy to be recorded in registry of deeds.
- The judgment must clearly describe each party’s share of the property (exact boundaries
if physically divided).
- Once judgment is issued, each party gets ownership of their assigned portion in severalty
(separate and exclusive).
- If the whole property is assigned to one party, the judgment must state the payment to the
others, and that party becomes sole owner.
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- If the property is sold, the judgment must state who bought it and the specific portions
they acquired.
- In all cases, a certified copy of the judgment must be recorded in the Registry of Deeds,
and the recording cost is included as part of case expenses.
Mechanics of partition
When property is actually partitioned, the judgment must clearly describe each party’s
portion by metes and bounds. If the shares are not specifically identified, the case must be
remanded to determine and physically divide the property. The actual partition must follow
the procedure in the Rule, without involving the sheriff.
Section 12. Neither paramount rights nor amicable partition affected by this Rule.
- The Rule does not affect the rights of third persons who have a superior (paramount) title
to the property.
- The Rule does not prevent co-owners from making an amicable partition among
themselves.
- Co-owners may divide the property by agreement and proper deeds without filing a case
in court.
Extrajudicial partition, when not binding
A deed of partition signed on behalf of an absent heir without written authority is not binding
on that heir unless they later ratify it.
Burden of proof
In a partition case, if one heir already received his share, the plaintiffs must prove that the
other heirs did not receive theirs. Also, when a widow’s will treats the property as her sole
ownership and distributes it equally to her children, this implies the husband’s estate was
already partitioned.
Novation of partition
A partition can be novated with the consent of all parties, especially when needed for justice,
equity, or speedy settlement of the estate.
Validity of oral partition
An oral partition is valid; writing is not required by law. Registration protects creditors and
gives notice, but if no creditor rights are affected, heirs may agree on distribution freely.
However, for registered land, a written, registrable deed is generally necessary.
