Philippine Bar review · Question

Practice question: Partition (Rule 69)

Multiple Choice Hard

Practice question

A judicial partition divides property among litigating co-owners. They argue that the judgment necessarily destroys an independent third person's title paramount to theirs, although that right was not properly adjudicated. Which is correct under Rule69 §12?
  1. Every partition necessarily creates title against the whole world.
  2. The Rule expressly preserves paramount or independent rights within its terms; division among parties is not automatic destruction of that third person's title.
  3. The parties may enlarge their title by private agreement against anyone.
  4. A court partition cures every possible defect in all prior deeds.
  5. The commissioners decide a stranger's title without any legal process.

Legal references

  • https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf — Supreme Court current2019 Rules69–71.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules69–71, read with current2019 and2022 expedited-procedure amendments.

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