"x x x.
At the outset, it must be stressed that Civil Case No. 04-42 was a complaint for annulment of sale and partition. In a complaint for partition, the plaintiff seeks, first, a declaration that he is a co-owner of the subject properties; and second, the conveyance of his lawful shares. An action for partition is at once an action for declaration of co-ownership and for segregation and conveyance of a determinate portion of the properties involved.36 The determination, therefore, as to the existence of co-ownership is necessary in the resolution of an action for partition. As held in the case of Municipality of Biñan v. Garcia:37
The first phase of a partition and/or accounting suit is taken up with the determination of whether or not a co-ownership in fact exists, and a partition is proper (i.e., not otherwise legally proscribed) and may be made by voluntary agreement of all the parties interested in the property. This phase may end with a declaration that plaintiff is not entitled to have a partition either because a co-ownership does not exist, or partition is legally prohibited. It may end, on the other hand, with an adjudgment that a co-ownership does in truth exist, partition is proper in the premises and an accounting of rents and profits received by the defendant from the real estate in question is in order. In the latter case, the parties may, if they are able to agree, make partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon. In either case – i.e., either the action is dismissed or partition and/or
accounting is decreed – the order is a final one, and may be appealed by
any party aggrieved thereby.38 (Emphasis supplied; citations omitted).
x x x."
See -
HILARIA BAGAYAS,
Petitioner,
-versus-
ROGELIO BAGAYAS,
FELICIDAD BAGAYAS,
ROSALINA . BAGAYAS,
MICHAEL BAGAYAS, and
MARIEL BAGAYAS,
Respondents.
G.R. Nos. 187308 & 187517
Promulgated: SEP 1 8 2013
DECISION
PERLAS-BERNABE, J.: