Felicidad B. Dadizon v. Carmelita Tan-Inchoco

Summary

This case involves a partition dispute between co-owners of a property. Petitioner Felicidad B. Dadizon challenged the jurisdiction of the court and claimed the partition case was a revival of a previous recovery case. The Supreme Court ruled that petitioner waived her right to question jurisdiction by actively participating in the proceedings. The Court distinguished the partition case from the previous recovery case, noting they involved different causes of action. Respondents had the right to seek partition under Article 494 of the Civil Code since the co-ownership subsisted due to petitioner's failure to redeem the property within the 10-year prescription period. However, the Court modified the lower court's decision by deleting the award of attorney's fees, ruling that Article 2208(2) of the Civil Code did not apply since respondents' filing of the partition complaint was within their rights as co-owners, not due to petitioner's unjustified refusal to partition.