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?
- Every partition necessarily creates title against the whole world.
- The Rule expressly preserves paramount or independent rights within its terms; division among parties is not automatic destruction of that third person's title.
- The parties may enlarge their title by private agreement against anyone.
- A court partition cures every possible defect in all prior deeds.
- 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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