Heirs of the Late Gerry Ecarma v. Court of Appeals

Summary

This case involves a family dispute over the partition of inherited conjugal properties of deceased spouses Natalio and Arminda Ecarma among their seven children. After years of co-ownership following both parents' deaths, administrator Renato Ecarma sought partition of four properties, which was opposed by Gerry Ecarma and later his heirs. The Regional Trial Court approved the partition in 2005, dividing the properties equally among the seven heirs. When Gerry's heirs appealed, the Court of Appeals dismissed their appeal for failure to comply with appellate brief requirements under Section 13, Rule 44 of the Rules of Court. The Supreme Court affirmed the dismissal, ruling that the proper remedy was a Rule 45 petition, not Rule 65 certiorari. On the merits, the Court held that co-owners cannot be compelled to remain in perpetual co-ownership and that the partition was legally proper under Civil Code provisions, as opposing heirs cannot prevent other co-owners from exercising their full property rights.