SECTION 6 – PARTITION AND DISTRIBUTION OF THE ESTATE
Court;
SUBSECTION 1 – PARTITION
Art. 1078
CO-OWNERSHIP AMONG CO-HEIRS
In testamentary succession, the will of the testator must first
be admitted to probate. Prior to probate, the will cannot pass
any property.
In intestate succession, the identity of the heirs and their
respective entitlements must await judicial confirmation,
unless the intestate heirs extra-judicially settle the estate of
the decedent.
The hereditary estate is owned in common by the heirs of the
decedent during the period after the opening of succession.
Co-ownership – when the ownership of an undivided thing or
right belongs to different persons.
Art. 1079
DISSOLUTION OF CO-OWNERSHIP
Partition – the separation, division and assignment of the
hereditary estate among the heirs.
General rule: No co-owner shall be obliged to remain in the co-
ownership. Each may demand, at any time, the partition of the
thing owned in common.
Forms of Partition
1. Physical partition; or
2. Partition of the value
Quasha Pena v. LCN Construction Corp
Sec. 1, Rule 80 RoC allows the distribution of the estate prior
to the payment of the obligations, provided that the
“distributes, or any of them, give a bond in a sum to be fixed
by the court, conditioned for the payment of said obligations
within such time as the court directs.”
Court’s discretion must qualified by the following:
1. Only part of the estate that is not affected by any
pending controversy or appeal may be subject of
advance distribution; and
2. The distributes must post a bond fixed by the court
conditioned for the payment of outstanding
obligations of the estate.
Who May Effect a Partition
1. Heirs themselves;
A decedent who dies without a will, without debts and heirs
are all of legal age, heirs may do so through a deed of
extrajudicial partition.
Heirs who are unable to reach an agreement may resort to
judicial intervention through 1) institute a proceeding in
intestacy or 2) action for parition
YASON, Isabelle Alexis P. | DLSU College of Law
2.
3. Testator; or
4. Person appointed by the testator
Art. 1080
Ratio for a partition inter vivos
1. To give the testator a greater leeway in dividing his
estate and allocating specific properties; and
2. To prevent bickering among the heirs
Dimayuga v. CA
Based on Art. 1056 of the old Civil Code. A partition inter vivos
requires an act of the testator – the execution of a valid
antecedent will.
Mang-Oy v. CA
Current rule followed. Distinguishes between the two modes
of partition of 1) by will; and 2) partition by an act inter vivos.
In the second mode, “this partition is not necessarily either a
donation nor a testament, but an instrument of a special
character, which is revocable at any time by the causante
during his lifetime.” Thus, a valid antecedent will is not
necessary.
Chavez v. IAC
Based on the NCC. Partition must be executed in accordance
with the provisions of the law on wills, however, when a
person makes a partition of his estate, it may be oral or
written, and need not be in the form of a will, provided that
the partition does not prejudice the legitime of compulsory
heirs.
Keeping an Enterprise Intact
A parent may wish to keep an agricultural, industrial or
manufacturing enterprise intact by assigning the same to one
or some but not all of the compulsory heirs.
To prevent a partition of the enterprise which could affect its
profitability, viability, efficiency, competitiveness and
existence.
Art. 1081
DELEGATION OF THE POWER TO PARTITION THE ESTATE
General Rule: The making of a will is a personal act which the
testator cannot delegate in whole or in part to the discretion
of a third person
 Involves the exercise of testamentary discretion
Exception: Partition of the estate
 Involves the exercise of testamentary disposition
Where a testator instituted several heirs to aliquot parts of his
hereditary estate and the third person authorized to make the
partition is guided by the testamentary dispositions in the will.
Heirs are disqualified by law from being the implementor of
the partition because of their direct interest to the estate
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Art. 1082
PARTITION UNDER A DIFFERENT NAME
Every act that puts an end to indivision is deemed a partition
regardless of how documented.
Art. 1083
THE RIGHT TO DEMARD PARTITION
Instances when partition may be ordered by the courts
1. When any of the causes for dissolution of a
partnership occurs; and
2. When a court, acting on petition of a co-heir, finds a
compelling reason to order a division of the estate
held in co-ownership.
Prohibition to partition the estate: only 20 years
ART. 1084
INSTITUTION WITH A SUSPENSIVE CONDITION
The effectivity of such institution is temporarily held in
abeyance until such time as the condition is fulfilled.
Pending fulfillment, the conditionally instituted heir has no
right to demand for a partition.
H/L/D whose successional rights are not conditional may
demand partition, provided they give adequate security to the
heir affected by suspensive condition.
Thus, 1084 permits a provisional partition of the estate that
would segregate the share pertaining to the conditionally
instituted heir.
If the suspensive condition is not fulfilled, heir loses his share
and the vacant portion shall be awarded to:
1. Substitute heir; or
2. Other co-heirs (right of accretion; or
3. Intestate heir (if right of accretion is not available)
1. Adjudicate the thing to one heir who shall pay the
others with the cash equivalent; or
2. Sell the thing at a public auction to fetch the fair
market value of the thing to be sold.
Art. 1086 Art. 1080 (2)
Applies if the property co- Inheritance consists of an
owned by the heirs is agricultural, industrial or
essentially indivisible manufacturing enterprise
which, while divisible, is best
kept undivided.
Art. 1087
REIMBURSEMENT OF COSTS AND BENEFITS
Reimbursement scenarios (go back to p.1002)
1. Co-heirs are mandated to reimburse each other for
any income or benefit which each of them may have
received from any property forming part of the
hereditary estate prior to partition
2. Co-heirs are obligated to reimburse a co-heir who
incurred expenses for necessary or useful
improvements on the thing or property owned in
common
3. A co-heir is obliged to reimburse the other co-heirs
for any damage which through malice or neglect he
caused to the thing or property owned in common.
Art. 1088
LEGAL REDEMPTOIN
The right to be subrogated, upon the same terms and
conditions stipulated in the contract, in the place of one who
acquires a thing by purchase or dation in payment, or by any
other transaction whereby ownership is transmitted by
onerous title.
Co-owners may exercise it in case the shares of all the other
co-owners or any of them, are sold to a third person

Art. 1085 Can be exercised within 30 days from receipt of notice in

QUALITATIVE EQUALITY writing of the selling co-owner. Redemption period is 30 days.
“As far as possible” – law seeks to achieve qualitative equality
among the co-heirs Art. 1088 Art. 1620
Right of redemption in co- Right of redemption in co-
Art. 1086 ownership among co-heirs ownership in general
TREATMENT OF INDIVISIBLE THINGS in particular.
Things which cannot be physically partitioned between or Redemption price is the sale Redemption price is the
among co-heirs without destroying the thing or impair its value price same as sale price, but if
price of sale is grossly
Situations: excessive, the redemptioner
1. Where the inheritance consists of an essentially shall pay only the
indivisible property (Amorsolo painting) and reasonable price.
2. Where the inheritance consists of a divisible property
but a division thereof would impair its value (Mahjong Alonzo v. IAC
set) SC disallowed the exercise of the right of redemption
notwithstanding that the seller of an undivided interest in an
Alternate solutions to dissolve the co-ownership

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inheritance did not serve a written notice of sale to the other
co-heirs.
Art. 1089 & 1090
Self explanatory
SUBSECTION 2 – EFFECTS OF PARTITION
Art. 1091
EFFECT OF PARTITION
Dissolves co-ownership and each co-heir takes exclusive title
to the specific portion adjudicated to him.
Art. 1092
WARRANTY OF TITLE (go back p. 1009-1010)
Each co-heir warrants to the others that following the partition
each will acquire good title to the property respectively
adjudicated to each of them.
Art. 1093
LIABILITY OF CO-HERIRS UNDER THE WARRANTY OF TITLE
AND HIDDEN DEFECTS
Co-heir must make good the warranty of title and/or the
warranty of hidden defects are liable to the aggrieved heir in
proportion tot heir respective shares of the inheritance.
X left a NE of 500,000 to his 5 sons A, B, C, D, & E. E was
adjudicated with land valued at 100k but was evicted from the
land.
A-D will contribute 20% (20k) to make whole the loss of E. E
also participated in the loss.
Insolvency of an Indemnitor
If any of the heirs who is obliged to indemnify an aggrieved heir
is insolvent, the share of the insolvent indemnitor shall be
assumed by those who are solvent, but deducting therefrom
the corresponding share
Art. 1094
Self-explanatory
Art. 1095
PARTITION OF RECEIVABLES
A receivable’s value is largely dependent on the solvency of the
debtor. Its value must also be determined.
If at the time of the partition, some receivables are assigned to
an heir, the co-heirs do not incur any liability to the assignee if
the debtor should subsequently become insolvent.
They only incur to the assignee if the insolvency of the debtor
existed at the time partition was made.
An assignee who accepted the receivables as part of his share
in the partition cannot hold the other heirs liable under a
warranty of solvency of the debtor if:
YASON, Isabelle Alexis P. | DLSU College of Law
1. Assignee knew of the facts and deliberately took a
risk; or
2. If the assignee was given a fair opportunity to
examine the receivables and make an assessment of
collectability; or
3. If the assignee was negligent in making such
assessment.
Warranty of solvency is enforceable by an heir against his co-
heirs within a period of 5 years from the date of partition.
Art. 1096
EXCLUSIONS TO THE WARRANTIES
1. Warranties are generally not extended to the heirs
when the partition is made by the testator
- Not unlawful for a testator to give something to
an heir subject to contingencies
2. Warranties may be waived by the heirs in the
relevant deed of partition
- Waiver or warranties in Arts. 1092 & 1095 is not
contrary to law or public policy but must have the
consent of the heir making the waiver.
3. Warranty of title cannot be invoked by an heir who
is evicted for a cause
SUBSECTION 3 – RESCISSION AND NULLITY OF PARTITION
Art. 1097
Partition is premised on the survival of two or more heirs who
are entitled to inherit the hereditary estate, which requires the
execution of a deed of partition.
Rescission in 1097
A limited right available to a contracting party to terminate an
otherwise valid contract which has caused him economic
damage. (read Art. 1380-1382)
1. Subsidiary – cannot be instituted except when there
is no other legal means to obtain reparation
2. Granted only to the extent necessary to cover the
damage
3. Creates the obligation to return the things which were
the subject of the contract, including the fruits and
price with interest
4. Rescission based on lesion is not available with
respect to contracts approved by court
5. Prescription of 4 years
TYPES OF DEFECTIVE PARTITON
1. Voidable because of vice of consent
2. Valid, but because of equitable considerations it
may, under certain conditions, be rescinded.
May be rescinded for the same causes as contracts. Deed of
partition may be rescinded for the causes under Art. 1381.
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Bautista v. Bautista 1. To indemnify the plaintiff heir for the economic
An action to set aside an “invalid partition” is imprescriptible. damage which the latter sustained under the
partition
Art. 1098 - Indemnitor may pay in cash the deficiency of the
LESION IN CONTRACT LAW LESION IN PARTITION share or deliver the property of the same kind
Economic damage suffered Economic damage suffered and quality adjudicated.
by a party to a contract who by an heir as a consequence
received a consideration of the partition of the HE 2. To agree to a new partition
less than that which is fair. where heir did not receive - The new partition is only a partial reassignment
his fair share. of shares. Those who did not suffer an economic
Art. 1381(1 & 2) allows the Art. 1098, partition may be damage cannot ask nor participate in the new
rescission of a contract on rescinded, provided the partition.
the basis of lesion if the extent of the economic
economic damage to the damage of the aggrieved Art. 1102
ward or the absentee is heir is at least ¼ of the value MAINTAINING AN ACTION FOR RESCISSION
more than ¼ of the value of of his rightful share in the The heir who seeks to rescind a partition must not have
the object of the contract. inheritance. alienated the property which he received under the partition
which he seeks to rescind.
Art. 1386, rescission of a Judicially approved partition
contract based on economic does not bar the remedy of If he did, he will not be permitted to maintain an action for
damage shall not take place rescission. rescission. Remedy is to ask for indemnification to compensate
with respect to contracts him for the economic damage suffered.
approved by the court.
Art. 1103
Art. 1099 INCOMPLETE DISTRIBUTION OF THE ESTATE
PARTITION MADE BY THE TESTATOR If some assets were omitted in the partition, the remedy is to
General Rule: A voluntary heir cannot raise the issue of execute a supplemental deed of partition to distribute. While
economic damage in seeking the rescission of a partition made it may result in economic damage, deliberate or unintentional
personally by the testator. Anything given by the testator is an omission of certain assets is not a cause for rescission.
economic advantage.
Art. 1104
Exceptions: PRETERITION
1. A partition made by the testator that resulted in an Art. 854 Art. 1104
economic damage to a CH does not preclude the Total omission of a CH in the The exclusion of a CH in the
latter from seeking a completion of his legitime. Any direct line who is living at partition of an inheritance.
CH to whom the testator has left by any title less that the time of the execution of Omission is the result of the
the legitime belonging to him may demand it to be the will or born after the partition executed by the
satisfied. death of the testator. heirs themselves.
2. VH may raise economic damage resulting from a Annuls the institution of May result in the rescission
partition made by testator if he can prove it by heirs, without prejudice to of partition if fraud or bad
competent evidence or if it can be presumed that the L/D that do not impair the faith exists.
testator intended to give him something of a definite legitime. Remedy is to obtain
value. proportionate
compensation from the
Art. 1100 persons who benefitted
PRESCRIPTIVE PERIOD from the partition in excess
4 yeas to bring an action to rescind a partition and contract. of which they are lawfully
entitled to.
Art. 1101 Occurs in testamentary Occurs in intestate
RESCISSION OR PARTITION IS NOT MANDATORY succession where the succession
An action for rescission is subsidiary. Even if an heir suffered omission of CH is
economic damage because of partition, the court is not presumably unintentional
required to order its rescission.
Non v. CA
Choice of remedy is vested with the defendant heirs:
Art. 1105
PARTICIPATION OF STRANGERS IN THE PARTITION

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A stranger to the inheritance or a person who has no economic
interest has no legal standing to participate in the partition of
the estate.

If by his participation in the partition he receives something,

he does not acquire ownership and is void but only as to him.
There is no legal basis for his acquisition.

Effect of Nullity of the Partition

Limited only to those strangers who participated. Whatever is
adjudicated in favor of strangers must be returned to the
estate for proper disposition.

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