Virgilio B. Aguilar v. Court of Appeals

Summary

Brothers Virgilio and Senen Aguilar co-owned property purchased for their father. After father's death, Virgilio sought to compel sale and division of proceeds, but Senen refused to vacate. When Senen failed to appear at mandatory pre-trial conference, the trial court declared him in default and ordered property sale with equal division of proceeds. The Court of Appeals reversed, finding the postponement denial improper, but the Supreme Court reinstated the trial court decision. The Supreme Court emphasized that pre-trial attendance is mandatory and trial courts have discretion to deny postponements for inadequate reasons. The case establishes important precedents on co-ownership rights under Civil Code Articles 494 and 498, confirming any co-owner's right to demand partition and forced sale of indivisible property, while also clarifying procedural requirements for pre-trial conferences and consequences of non-appearance.