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Reyes de Leon v. Del Rosario

96 SCRA 775

Facts:

Petitioner filed a complaint for declaration of nullity of deed of sale. She stated that she sold her one-half share in the subject properties to Pantaleon Del Rosario, respondent’s father. However she then learned that that respondent was claiming all of her shares in the estate of Ceferina Llamas, her maternal grandmother. The claim is based on a deed of absolute sale purposely signed by petitioner. Upon the filing of the complaint, petitioner moved for the suspension of the partition proceedings filed by Pantaleon and Vicente Del Rosario. Respondent on the other hand contends that having failed to raise the issue of nullity in her Answer in the partition case, petitioner is barred from filing the action for declaration of nullity.

Issue:

Whether or not the issue of ownership or co-ownership should first be resolved in order to effect the partition of the properties

Held:

In actions for partition, the court cannot properly issue an order to divide the property unless it first makes a determination as to the existence of co-ownership. The court must initially settle the issue of ownership, the first stage in the action for partition. To split the proceedings into declaration of nullity of the deed of sale and trial for the partition case or to hold in abeyance the partition case pending resolution of the nullity case would result in multiplicity of suits, duplicitous procedure and unnecessary delay.

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