Priscilla Dominguez v. Diosdado Dominguez, Jr.

Summary

This case involves a partition dispute over a 128-square meter property co-owned by six children of deceased spouses Dominguez, Sr. Petitioners, as heirs of deceased co-owner Dante B. Dominguez, challenged the RTC's order for public auction, preferring assignment to them as occupants. The Supreme Court dismissed the petition, applying the doctrine of laches to bar petitioners' belated jurisdictional challenge raised 10 years after filing. The Court affirmed that since the indivisible property cannot be physically divided among six co-owners and parties cannot agree on allotment, Article 498 of the Civil Code mandates public sale with proceeds distributed among co-owners. The decision establishes that mere occupation does not create preference in partition proceedings, and all co-owners may participate equally in public auction to acquire the property.