Petitioner
Tomas Claudio Memorial College
Respondent
Court of Appeals
Citation
G.R. No. 124262
Court
Supreme Court
Division
Second Division
Ponente
Quisumbing, J.
Decided
October 12, 1999

Summary

The heirs of Juan De Castro sought partition of inherited property after discovering their brother Mariano had sold the entire 2,269-square-meter lot to Tomas Claudio Memorial College in 1979, claiming to be the sole heir. The college filed motions to dismiss based on lack of jurisdiction and prescription. The Regional Trial Court initially dismissed but later reconsidered, asserting jurisdiction over the partition case. The Court of Appeals affirmed, and the Supreme Court upheld the decision. The Court established that a co-owner's sale of entire property only transfers the seller's undivided share, making the buyer a co-owner rather than sole owner. The Court reaffirmed that partition actions are imprescriptible under Article 494 of the Civil Code, and jurisdiction over subject matter is determined by complaint allegations, not defenses. The case demonstrates important principles regarding co-ownership rights and the imprescriptible nature of partition actions in Philippine property law.

Statutes applied

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By the Intellegal Editorial Board · October 12, 1999

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