You're currently signed in as:
User

PERLA G. PATRICIO v. MARCELINO G. DARIO III

This case has been cited 2 times or more.

2009-06-05
PUNO, C.J.
In Patricio v. Dario III,[36] we invalidated the order of the trial court ordering the sale by public auction of the property subject of partition on the ground that since the parties were unable to agree on a partition, the trial court should have ordered a partition by commissioners pursuant to Section 3, Rule 69 of the Rules of Court.  It is only after it is made to appear to the latter that the real estate, or a portion thereof, cannot be divided without great prejudice to the interest of the parties, and one of the parties interested asks that the property be sold instead of being assigned to one of the parties, may the court order the commissioners to sell the real estate at public sale.
2009-03-20
YNARES-SANTIAGO, J.
As defined, "[T]he family home is a sacred symbol of family love and is the repository of cherished memories that last during one's lifetime.[21]  It is the dwelling house where the husband and wife, or an unmarried head of a family reside, including the land on which it is situated.[22]  It is constituted jointly by the husband and the wife or by an unmarried head of a family."[23] Article 153 of the Family Code provides that -