So, Stephanie M. Wills and Succession Assignment No.

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Art. 1078.
T has two children A and B. If T dies, A and B will be co-heirs of the whole estate, subject of course to the
payment of debts.
Principle: Co-heirs are co-owners.
When there are two or more heirs, it is valid for an heir to sell his share in an estate pending liquidation. After
all, this is not a case of future inheritance for the decedent is already dead.

Art. 1079.
Kinds of Partition
(a) Classified according to the duration of its existence:
1) provisional or temporary. (Art. 1084).
2) permanent. (Art. 1084).
(b) Classified according to the extent of the properties involved:
1) partial
2) total
(c) Classified according to who made the partition:
1) judicial this is made by the court either in the course of administration proceedings; or in an
ordinary action for partition.
2) extrajudicial
a) made by the testator. (Art. 1080).
b) made by the decedent in an act inter vivos. (Art. 1080).
c) made by the heirs themselves. (Rule 74, Sec. 1, Rules of Court).
d) made by a third person entrusted by the testator or decedent. (Art. 1081, par. 1).
Extrajudicial Partition Made by a Decedent (By an Act Inter Vivos)
Since Art. 1080 speaks of persons, it follows that even if a person dies intestate, it would still be possible for
him to have made a partition inter vivos. He may, for example, have divided the properties having in mind the
shares of intestacy.
Extrajudicial Partition Made by the Heirs
This can be done as long as:
1) there are NO debts
2) everyone concerned is OF AGE or represented by GUARDIANS. (Sec. 1, Rule 74, Rules of Court).

Art. 1080.
If the partition is made by an act inter vivos (other than by will), it would seem that no formalities are prescribed
by the Article.
The partition will, of course, be effective only after death. It does not necessarily require the formalities of a will
for after all, it is not the partition that is the mode of acquiring ownership. Neither will the formalities of a
donation be required since donation will not be the mode of acquiring the ownership here after death; since no
will has been made, it follows that the mode will be succession (intestate succession). Besides, the partition here
is merely the physical determination of the part to be given to each heir.
A partial distribution of the decedents estate pending the final determination of the estate or intestate
proceedings should as much as possible be discouraged by the courts, and unless in extreme cases, such form of
advances of inheritance should not be countenanced. Creditors and the rightful heirs must be assured of their
shares.

Art. 1081.
This is just the power to make a physical division of the hereditary property. The third person is not allowed to
make the disposition or distribution of property as for example the power of giving one heir 2/3 and another
heir 1/3 is not allowed under the law. The disposition must have been made by the decedent or testator himself.
NOTE: The testator is not allowed to entrust the power to physically partition the property to an executor who
is also an heir, for in such case, it is to be doubted as to whether or not he can partition the property with
impartiality.

Art. 1082.
As long as the co-ownership ceases to exist, there is a partition. If after partition, certain properties are still
supposed to be owned in common, there can be a later partition of this.

Art. 1083.
As long as the partition is not expressly prohibited, partition can be demanded anytime. This right does not
prescribe and can apply to a co-legatee. But the heir desiring partition must make parties to the suit all persons
interested in the estate. But partition can be demanded only if the co-ownership still exists. Therefore, if one of
the co-heirs has by adverse possession for the needed time acquired exclusive ownership over the property,
partition would no longer lie.

Art. 1084.
When Voluntary Heirs Can Demand the Partition
(a) This Article distinguishes between
1) pure heirs
2) and conditional (suspensive) heirs
(b) The former can demand partition anytime, subject to Art. 1083. If together with them, there are
conditional heirs, sufficient security must be given by the pure heirs to safeguard the rights of the
conditional heirs.
(c) The conditional heirs cannot demand partition till the condition is fulfilled.

Art. 1085.
If a project of partition is submitted to the probate court, it must allow the heirs concerned to present proof of
the reasonableness or unreasonableness of the project, otherwise the heirs may be said to have been deprived of
their property without the due process of law.

Art. 1086.
Assignment or sale of real estate by commissioners. When it is made to appear to the commissioners that the
real estate, or a portion thereof, cannot be divided without great prejudice to the interests of the parties, the court
may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such
sum or sums of money as the commissioners deem equitable, unless one of the parties interested asks that the
property be sold, instead of being so assigned, in which case the court shall order the commissioners to sell the
real estate at public sale and the commissioners shall sell the same accordingly. (Sec. 5, Rule 69, Rules of Court).

Art. 1087.
Reimbursement by Co-Heirs
(a) Reimbursement must be made of:
(1) income and fruits
(2) useful and necessary expenses
(3) damages thru malice or neglect
(b) The reimbursement can be sought in an action for judicial partition. But even if the partition is
extrajudicial, it is submitted that an action for reimbursement would lie by itself.

Art. 1088.
For this Article to apply, the following requisites must all be present:
(a) there must be two or more heirs;
(b) one must sell his hereditary rights;
(c) the buyer must be a stranger;
(d) the sale must be before partition;
 (e) at least one co-heir must demand the redemption;
(f) the demand must be made within a period of one month from the time of notification in writing;
(g) the redemptioner must reimburse the price of the sale.

Art. 1089-1090.
Order of preference if some properties remain undivided:
(a) largest interest
(b) if same interest the oldest heir

Art. 1091.
Once partition and distribution are made, the estate is finally settled. The partition results in EXCLUSIVE
ownership over the part or property adjudicated. And relatives who are neither compulsory heirs nor voluntary
heirs nor devisees or legatees cannot question a judicial partition made as a consequence of a validly probated
will, particularly if the probate had long before become final.

Art. 1092.
Warranty of Title and Quality
(a) title (eviction)
(b) quality (and hidden defects)
Nature of the Warranty
The warranty is:
(a) reciprocal and proportionate. (Art. 1093).
(b) and may be waived. (See Art. 1096).

Art. 1093.
This Article deals with:
(a) proportionate liability
(b) responsibility in the meantime for anothers insolvency
(c) right of reimbursement

Art. 1094.
Prescription of the Warranty
Ten years from the date the right of action accrues.

Art. 1095.
Warranty of Debts
(a) There may be:
(1) good debts (collectible debts)
(2) bad debts
(b) Warranty for good debts
(1) warrants that the debtor is solvent at the time of partition (not later)
(2) good for 5 years following the date of the partition
(c) There is no warranty for bad debts, so an heir accepts them at his own risk.

Art. 1096.
Example of par. 3 Failure of heir to interrupt adverse possession by another is clearly his own fault and he
may lose the property by prescription.

Art. 1097.
Rescission or Annulment of the Partition
(a) Rescission presupposes an ordinarily valid contract, but there is an extrinsic defect, like prejudice to
creditors.
(b) Annulment presupposes a contract with an intrinsic defect, like the vices of consent (fear, force, etc.).
 (c) The presence of fraud, excusable mistake, or inadvertence makes a partition annullable.
(d) But mere disregard of the provisions of the will, will not annul a partition, if everybody concerned had
freely given his consent, for all would be in estoppel.

Art. 1098.
Rescission on Account of Lesion
(a) The lesion or damage must be at least 1/4, otherwise rescission will not lie.
(b) If less than 1/4, the proper action is one for damages.

Art. 1099.
This Article applies, whether the lesion is 1/4, more than 1/4, or less than 1/4 thus, the partition made by the
testator may still be rescinded:
(a) If the legitime is impaired.
(b) If the intent of the testator is for his partition to be rescinded should there be lesion.

Art. 1100.
Prescription of Rescission
(a) If brought after more than 4 years, the action for rescission will fail.
(b) It has been held that in case of a judicial partition, the four-year period begins to run not from the time
of the project of partition but from the time there is court approval, for had it been disapproved by the
court, it would have been void.

Art. 1101.
The defendant heir, despite a proper ground for rescission, is still given an option:
(a) indemnification
(b) or a new partition

Art. 1102.
Reason for Article: Rescission requires mutual restitution.

Art. 1103.
This involves a preterition, not in the institution, but in the partition, of one or more objects. Preterition of an
object in a will gives rise to mixed succession. Preterition of an object in the partition does not give rise to
rescission.

Art. 1104.
This involves a preterition of compulsory heirs, not in the institution, but in the partition.
Such preterition in the partition will NOT cause rescission except if there was:
(1) fraud
(2) bad faith
If the exception is present, the partition can be considered not valid.

Art. 1105.
Intrusion of a Stranger in the Partition
(a) Instead of a preterition here, there is intrusion.
(b) Nevertheless, the partition is not completely void.
(c) Only the part corresponding to the non-heir is VOID.
(d) Those who are able to get shares, although they are not entitled thereto, must give them to one who is
an heir and lawfully entitled to receive the same.