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Roque v. Intermediate Appellate Court

165 SCRA 118

Facts:

The intestate heirs of Januario Avendano executed an extrajudicial partition of the subject property among themselves. Subsequently, co-owners Illuminada, Gregorio, Bernardino, Bienvenido, Numeriano and Rufina, all surnamed Avendano, transferred their collective and undivided 3/4 share to respondent Ernesto and Victor Roque and latter sold the same to their half-sister, petitioner Concepcion Roque. The property however remained in the name of Januario Avendano. Petitioner wanted to have the property partitioned but Ernesto Roque and the heirs of Victor Roque refused to acknowledge petitioner’s claim of ownership and rejected the plan to divide the land. Petitioner alleged that as a co-owner of the subject lot, she could not be compelled to remain in the co-ownership of the same.

Issue:

Whether or not the action for partition has prescribed

Held:

Petitioner- the co-owner seeking partition- has been and is presently in open and continuous possession of the 3/4 portion of the property owned in common. Respondents don not dispute this fact although they claim that petitioner’s possession is merely tolerated by them. Also, prior to the filing of the complaint, neither of the parties involved had manifested a claim of absolute and exclusive ownership over the lot adverse to that of any of the other co-owners, hence, co-ownership of the property had continued to be recognized by all the owners. Therefore, the action for partition has not prescribed.

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