Consolacion Q. Austria v. Constancia Q. Lichauco

Summary

This case involves a partition dispute among siblings and their nephews/niece who co-owned residential properties in Makati City. When some co-owners sought partition in 1996, petitioner Consolacion Austria refused all proposed schemes. After a complaint was filed in 1997, petitioner engaged in extensive procedural maneuvering, including multiple motions to dismiss and appeals, while refusing to file an answer. She was declared in default and judgment was rendered ordering partition or alternative sale. The Supreme Court affirmed the default declaration and partition order, recognizing that no co-owner can be compelled to remain in co-ownership under Civil Code Article 494. However, the Court reversed the trial court's authorization of sale at terms acceptable only to plaintiffs, finding this provision objectionable as it excluded petitioner from decision-making on sale conditions and proceeds distribution, despite her status as a co-owner.