- Petitioner
- Irene Benedicto
- Respondent
- Court of Appeals
- Citation
- G.R. No. 81344
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Paras, J.
- Decided
- February 7, 1990
Summary
This case involves a partition dispute over inherited property among co-heirs. Lot 308 in Bulacan was inherited by three siblings as co-owners. When Marciana Ramos died intestate, her brother Gregorio sought partition claiming half of her 1/3 share. The other heirs (petitioners) opposed, claiming Marciana had mortgaged her share in 1966 for P3,000 which remained unpaid, preventing partition until debts were settled. The Supreme Court dismissed the petition, affirming that both the mortgage foreclosure action and underlying debt had prescribed under the 10-year rule of Article 1142 of the Civil Code. Since the mortgage was executed in January 1966 and partition was sought in March 1977, prescription had set in. With no valid outstanding debt, partition could properly proceed under Article 1078 of the Civil Code and Rule 74 of the Rules of Court.