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IV. SPECIAL CIVIL ACTIONS

G. Partition (Rule 69)

Question:

Anna, Belinda, and Carmen are co-owners of a prime piece of real property in the Philippines. However, due to irreconcilable differences, they have decided to partition the property. Anna wants to sell her share and divide the proceeds accordingly, while Belinda and Carmen prefer to physically divide the property among themselves. They have not reached an agreement regarding the mode of partition and are now seeking legal assistance.

Assuming you are their lawyer, discuss the following:

1. What are the different modes of partition under Rule 69 of the Rules of Court?
2. Considering the preferences of the co-owners, what are the legal implications of each mode of partition?
3. Based on the given scenario, which mode of partition is most appropriate and why?
4. What are the procedural requirements for the chosen mode of partition?

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Answer