Text of the provision
Art. 1079. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value.
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Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Partition is the separation, division and assignment of a thing held in common among those to whom it may belong. The thing itself may be divided, or its value.
Partition is the operative act that converts co-ownership among heirs into individual, exclusive ownership of specific property or its equivalent value. The article's second sentence allows two ways of reaching that result: the estate's assets can be physically divided and assigned in kind among the heirs, or, where the property does not lend itself to division, it can be sold or appraised and the resulting value distributed instead. Either method accomplishes the same legal effect — ending the indivision that exists among heirs from the decedent's death until partition.
Questions about this provision
- Can a parent divide their property among the children before dying?
- Can the heirs divide the value of the estate rather than the physical property itself?
Related provisions
- Article 1078 — Co-Ownership Before Partition.
- Article 1080 — Partition by the Decedent Himself.
Cases citing this article
- Heirs of Ernesto Morales, namely: Rosario M. Dangsalan, et al. vs. Astrid Morales Agustin, G.R. No. 224849, June 6, 2018 — read the decision on LawPhil →
- Jo-Ann Diaz-Salgado and Dr. Gerard C. Salgado vs. Luis G. Anson, G.R. No. 204494, July 27, 2016 — read the decision on LawPhil →
- Marcelo Investment and Management Corp. and the Heirs of Edward T. Marcelo, namely Katherine J. Marcelo, et al. vs. Jose T. Marcelo, Jr, G.R. No. 209651, November 26, 2014 — read the decision on LawPhil →
- Vilma Quintos, represented by her Attorney-in-Facts Fidel I. Quintos, Jr., et al. vs. Pelagia I. Nicolas, et al, G.R. No. 210252, June 16, 2014 — read the decision on LawPhil →
- Ricardo Rizal, et al. vs. Leoncia, et al, G.R. No. 151898, March 14, 2012 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.