Practice question
Commissioners determine that land cannot be divided without prejudice. One co-owner is willing to take it and pay equitable amounts to the others, but another interested party asks for a sale instead. What does Rule69 §5 provide?
- The court shall order a public sale under conditions it determines rather than force the proposed assignment over that sale request.
- The willing co-owner always receives the land regardless of the other's request.
- The commissioners may keep the land personally.
- Indivisibility automatically destroys every ownership interest.
- The court must divide the land physically even if prejudicial.
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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