DE MESA VS.

COURT OF APPEALS

PROVISION; FACTS: An action of partition was filed by Respondents [Lim

Section 81. Judgment of partition. In proceedings for De Mesa] against their eldest brother, Leonardo Lim de
partition of registered land, after the entry of the final Mesa, and his sister Leticia Lim de Mesa
judgment of partition, a copy of such final judgment,
certified by the clerk of the court rendering the same, shall
be filed and registered; thereupon, if the land is set of to Respondents’ prayer:
the owners in severalty, each owner shall be entitled to
have his certificate entered showing the share set off to A. THE PARTITION OF THE PROPERTY LEFT BY THEIR
him in severalty, and to receive an owner's duplicate PARENTS,consisting of:
thereof.

If the land is ordered by the court to be sold, the purchaser 1. a house and lot in Sta. Rosa Laguna and
or his assigns shall be entitled to certificate of title entered
in his or their favor upon presenting a certified copy of the 2. a funeral parlor;
judgment confirming the sale.
B. that petitioner Leonardo de Mesa be compelled to render
In case the land is ordered by the court to be assigned to
an accounting of the income of the funeral parlor business
one of the parties upon payment to the others of the sum
from October 24, 1980, the date when the mother of the
ordered by the court, the party to whom the land is thus
parties died;
assigned shall be entitled to have a certificate of title
entered in his favor upon presenting a certified copy of the
judgment: Provided, however, that any new certificate C. and that private respondent Rogelio Lim de Mesa be
entered in pursuance of partition proceedings, whether by declared the owner of eight-tenths (8 /10) of the entire estate,
way of set-off or of assignment or of sale, shall contain a as the other heirs had assigned their interests to him.
reference memorandum to the final judgment of partition,
and shall be conclusive as to the title to the same extent Leonardo’s answer:
and against the same persons as such judgment is made
conclusive by the laws applicable thereto: and provided,
further, that any person holding such certificate of title or a 1. Yes, the house and lot was left by their parents
transfer thereof shall have the right to petition the court at
any time to cancel the memorandum relating to such 2. but the funeral parlor, known as Lim de Mesa Memorial
judgment or order and the court, after notice and hearing, Chapel, was solely owned by him.
may grant the petition. Such certificate shall thereafter be
conclusive in the same manner and to the same extent as
other certificates of title. 3. That their deceased parents left other properties and
businesses which are in the possession and under the
AGCAOILLI citation: management of the two other plaintiffs
STAGES IN JUDICIAL PARTITION
RTC : ordered partition of the estate in this manner:
1. Determination of whether a co ownership exists
 2 ISSUES IN AN ACTION FOR PARTITION 1. Rogelio Lim de Mesa - 9.8787872 /13 shares
1. Firstly, there is the issue of whether the plaintiff is indeed representing the sum total of his participations plus all the
a co-owner of the property sought to be partitioned. shares sold to him by co-heirs Alfredo, Numeriano, Zenaida,
2. Secondly, assuming that the plaintiff successfully hurdles Yolanda, Olivia, Benjamin, and Teresita, all surnamed Lim
the first issue, there is the secondary issue of how the de Mesa
property is to be divided between the plaintiff and the
defendants, that is, what portion should go to which co- 2. Leonardo Lim de Mesa - 0.6515151 /13 share
owner.
3. Leticia Lim de Mesa - 1.818181 /13 share
2. When parties are unable to agree, court decides
After a judgment is rendered in an action for partition 4. Wilson Lim de Mesa - 0.6515151 /13 share
declaring
that the property in question shall be divided among the as regards the property of the estate, namely, Lot No. 329
parties and the residential house of strong material(s) erected
thereto, the procedure provided by law thereafter is that, if therein, and —
the parties can agree among themselves, then the partition
can be made by them through the proper instruments of 1. Rogelio Lim de Mesa - 8 /11 shares
conveyance which shall be submitted for approval of the
court, and such partition with the court order confirming the 2. Leonardo Lim de Mesa - 1 /11 shares
same shall be recorded in the office of the proper Registry
of Deeds. 3. Leticia Lim de Mesa - 1 /11 shares

But, if the parties are unable to agree upon the partition, the 4. Wilson Lim de Mesa - 1 /11 shares
court shall by order appoint not more than three (3)
competent and disinterested persons as commissioners to
make the partition, commanding them to set off to the CA: On appeal, the Court of Appeals affirmed the aforesaid
plaintiff and to each party in interest such part and judgment with some modifications, that is, by deleting those
proportion of the property as the court portions thereof directing therein defendants Leonardo and
in such order shall direct.
Leticia Lim de Mesa, aside from plaintiff Wilson Lim de plaintiff is not entitled to
Mesa, to execute a deed confirming the extrajudicial the desired partition
partition with sale and the reformation of instrument, and to either because a co-
pay the awards for moral damages and attorney's fees. ownership does not exist
or a partition is legally
JUDGMENT MADE FINAL AND EXECUTORY prohibited
In 1992, the entry of said judgment was made, thereby with an adjudgment that a the parties may, if they
making the judgment of the lower court, as modified by co-ownership does in are able to agree, make
respondent Court of Appeals, final and executory. truth exist, that partition is partition among
proper in the premises, themselves by proper
and that an accounting of instruments of
MOTION FOR EXECUTION GRANTED BY THE COURT, rents and profits received conveyance, and the
WRIT OF EXECUTION ISSUED, UNSATISFIED by the defendant from court shall confirm the
Thereafter, private respondents filed a MOTION FOR the real estate in question partition so agreed upon
EXECUTION which was granted by the lower court [Note is in order by all the parties.
that this was issued without a hearing which is why
later on, Leonardo will request to be furnished with the b) In either case, whether the action is dismissed or
pleadings and orders]. A writ of execution was issued, but partition and/or accounting is decreed, the order is
the same was returned unsatisfied on September 21, 1992 a final one and may be appealed by any party
due to petitioner's refusal to comply with the same. aggrieved thereby.

Private respondents then filed a motion to enforce judgment 2. THE SECOND STAGE commences WHEN THE
which was granted by the lower court in its order dated PARTIES ARE UNABLE TO AGREE UPON THE
October 14, 1992. PARTITION ORDERED BY THE COURT.
a) In that event, PARTITION SHALL BE EFFECTED
LEONARDO FILED A MOTION TO BE FURNISHED FOR THE PARTIES BY THE COURT with the
COPIES OF BASIC PLEADINGS AND ORDERS assistance of not more than three (3)
commissioners.
RESPONDENTS ARGUED THAT THEY WERE ENTITLED b) This second phase may also deal with the
TO EXECUTION AS A MATTER OF RIGHT AND NOTICE rendition of the accounting itself and its approval
AND HEARING TO LEONARDO NOT REQUIRED by the Court after the parties have been accorded
Private respondents filed their opposition thereto, arguing the opportunity to be heard thereon, and an award
that petitioner was not entitled to the relief prayed for since for the recovery by the party or parties thereto
private respondents were entitled to execution as a entitled of their just shares in the rents and profits
matter of right, and that all incidental matters flowing of the real estate in question. Such an order is, to
therefrom may be resolved motu proprio without prior be sure, also final and appealable.
notice and hearing to petitioner.
In the decision ordering partition, THE EXECUTION OF
COURT’S ACTION: FURNISH LEONARDO A COPY OF THAT PART OF THE JUDGMENT WHICH WILL NOT
THE DEED OF PARTITION AND SUCH OTHER NECESSITATE ANY FURTHER PROCEEDINGS MAY BE
DOCUMENTS WHICH LEONARDO MAY SPECIFY. ENFORCED.

ISSUE:
IN THIS CASE:
Was the writ of execution [pertaining to the partition] void for DECISION ORDERING THE PARTITION ALREADY
having been issued without prior notice and hearing to BECAME FINAL; EXECUTION BECAME A MATTER OF
Leaonardo? - NO RIGHT.
In the present case, the decision ordering partition and the
rendition of accounting had already become final and
executory. The execution thereof thus became a matter of
RULING: right on the part of the plaintiffs, herein private
respondents, and is a mandatory and ministerial duty on the
RULE: part of the court.
A judgment ordering partition with damages is final and duly
appealable, notwithstanding the fact, which petitioner seeks ONCE A JUDGMENT BECOMES FINAL AND
to capitalize on, that further proceedings will still have to EXECUTORY, THE PREVAILING PARTY CAN HAVE IT
take place in the trial court. EXECUTED AS A MATTER OF RIGHT, AND THE
JUDGMENT DEBTOR NEED NOT BE GIVEN ADVANCE
2 STAGES INVOLVED IN A SPECIAL CIVIL ACTION OF NOTICE OF THE APPLICATION FOR EXECUTION NOR
JUDICIAL PARTITION AND ACCOUNTING: BE AFFORDED PRIOR HEARINGS THEREON.
1. THE FIRST STAGE of an action for judicial partition
and/or accounting is concerned with the DETERMINATION On the bases of the foregoing considerations, therefore, the
OF WHETHER OR NOT A CO-OWNERSHIP IN FACT Court of Appeals acted correctly in holding that the failure to
EXISTS and A PARTITION IS PROPER, that is, it is not serve a copy of the motion for execution on petitioner is not a
otherwise legally proscribed and may be made by voluntary fatal defect. In fact, THERE WAS NO NECESSITY FOR
agreement of all the parties interested in the property. SUCH SERVICE.
a) This phase may end:
However, the order to sign deed of partition must be set
HOW IT MAY END EFFECT aside.
In a declaration that The trial court cannot compel Leonardo to sign the
extrajudicial deed of partition prepared solely by private
respondents. Concomitantly, it cannot issue a writ of
possession pursuant to the said extrajudicial partition.

An action for partition, which is typically brought by a person

claiming to be the owner of a specified property against a
defendant or defendants whom the plaintiff recognizes to be
his co-owners, may readily be seen to simultaneously
present two principal issues.

Firstly, there is the issue of whether the plaintiff is indeed a

co-owner of the property sought to be partitioned. Secondly,
assuming that the plaintiff successfully hurdles the first
issue, there is the secondary issue of how the property is to
be divided between the plaintiff and the defendants, that is,
what portion should go to which co-owner.

PROCEDURE PROVIDED BY LAW AFTER JUDGMENT

IS RENDERED ON PARTITION
1. if the parties can agree among themselves, then the
partition can be made by them through the proper
instruments of conveyance which shall be submitted for
approval of the court, and such partition with the court order
confirming the same shall be recorded in the office of the
proper registry of deeds.

2. But, if the parties are unable to agree upon the partition,

the court shall by order appoint not more than three (3)
competent and disinterested persons as commissioners to
make the partition, commanding them to set off to the
plaintiff and to each party in interest such part and
proportion of the property as the court in such order shall
direct.

IN THIS CASE:
The decision in Civil Case No. B-1942 [THE ACTION FOR
PARTITION] merely declares that partition is proper and
forthwith specified therein the respective aliquot shares of
the parties to the real estate and to the proceeds of the
funeral business. Withal, it did not specifically state, by
metes and bounds and by adequate description, the
particular portion of the real estate to be assigned to each
party. Actual partition is, therefore, necessary. Since the
parties, however, cannot agree on the actual division
and allocation of the property held in common, the trial
court should order the appointment of commissioners
to carry out the partition, as provided by Section 3 of
Rule 69.