Aguilar v. CA, 227 SCRA 473, 480 [Case Digest]

 

Aguilar v. CA,

227 SCRA 473, 480

 

Facts:

Petitioner Virgilio and respondent Senen are brothers; Virgilio is the youngest of seven (7) children of the late Maximiano Aguilar, while Senen is the fifth. On 28 October 1969, the two brothers purchased a house and lot in Parañaque where their father could spend and enjoy his remaining years in a peaceful neighborhood.

Since Virgilio was then disqualified from obtaining a loan from SSS, the brothers agreed that the deed of sale would be executed and the title registered in the meantime in the name of Senen.

Petitioner demanded from private respondent that the latter vacate the house and that the property be sold and proceeds thereof divided among them.

Petitioner's] filed on 12 January 1979 an action to compel the sale of the house and lot so that the they could divide the proceeds between them.

 The trial court held that this property should be sold to a third person and the proceeds divided equally between the parties.

 

 

Issue:

Whether or not RTC is correct in deciding that the property should be sold and the proceeds thereof will be divided by two.

 

 

Held:

Yes.

 

 

Ratio:

Article 494 of the Civil Code provides that no co-owner shall be obliged to remain in the co-ownership, and that each co-owner may demand at any time partition of the thing owned in common insofar as his share is concerned. Corollary to this rule, Art. 498 of the Code states that whenever the thing is essentially, indivisible and the co-owners cannot agree that it be, allotted to one of them who shall indemnify the others, it shall be sold and its proceeds accordingly distributed.