"x x x.
Partition is the separation, division and assignment of a thing held in common among those to whom it may belong.16 Every act which is intended to put an end to indivision among co-heirs and legatees or devisees is deemed to be a partition.17 Partition may be inferred from circumstances sufficiently strong to support the presumption. Thus, after a long possession in severalty, a deed of partition may be presumed.18 Thus, in Hernandez v. Andal,19 the Court emphasized that:
On general principle, independent and in spite of the statute of frauds, courts of equity have enforced oral partition when it has been completely or partly performed.
Regardless of whether a parol partition or agreement to partition is valid and enforceable at law, equity will in proper cases, where the parol partition has actually been consummated by the taking of possession in severalty and the exercise of ownership by the parties of the respective portions set off to each, recognize and enforce such parol partition and the rights of the parties thereunder. Thus, it has been held or stated in a number of cases involving an oral partition under which the parties went into possession, exercised acts of ownership, or otherwise partly performed the partition agreement, that equity will confirm such partition and in a proper case decree title in accordance with the possession in severalty.
x x x x
A parol partition may also be sustained on the ground that the parties thereto have acquiesced in and ratified the partition by taking possession in severalty, exercising acts of ownership with respect thereto, or otherwise recognizing the existence of the partition.20
The evidence presented by the parties indubitably show that, after the death of Alipio, his heirs – Eusebio, Espedita and Jose Bangi – had orally partitioned his estate, including the subject property, which was assigned to Eusebio. On this score, the CA’s disquisition is instructive, viz:
Even so, We are of the considered view that in 1943, when Eusebio Bangi executed the deed of sale in favor of Isidro Bangi, Eusebio already had acquired interest in the property covered by OCT No. 22361 through succession from his father, Alipio Bangi, who died in 1918.
Further, it appears that such interest extends to the entire property embraced by OCT No. 22361. This much can be gleaned from the testimony of appellant Gloria Marcos herself, who said that her father Eusebio owned the entire lot because his siblings Espedita and Jose already had their share from other properties.
That there was no written memorandum of the partition among Alipio Bangi’s heirs cannot detract from appellee’s cause.1âwphi1 It has been ruled that oral partition is effective when the parties have consummated it by the taking of possession in severalty and the exercise of ownership of the respective portions set off to each. Here, it is obvious that Eusebio took possession of his share and exercised ownership over it. Thus, the preponderant evidence points to the validity of the sale executed between Eusebio Bangi and Isidro Bangi on November 5, 1943 over the one-third portion of the property covered by OCT No. 22361. x x x.21 (Emphasis ours)
x x x."
G.R. No. 185745, October 15, 2014
SPOUSES DOMINADOR MARCOS and GLORIA MARCOS, Petitioners, vs. HEIRS OF ISIDRO BANGI and GENOVEVA DICCION, represented by NOLITO SABIANO, Respondents.
