Text of the provision
Sec. 5. Assignment or sale of real estate by commissioners. — When it is made to appear to the commissioners that the real estate, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such amounts as the commissioners deem equitable, unless one of the interested parties asks that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determine.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 69, Section 5. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 5 of Rule 69 (Partition) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 4 — Oath and duties of commissioners.
- Section 6 — Report of commissioners; proceedings not binding until confirmed.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.