G.R. NO. 169698 - LUPO ATIENZA, VS. YOLANDA DE CASTRO. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered declaring the property covered by Transfer Certificate of Title No. 147828 of the Registry of Deeds of Makati City to be owned in common by plaintiff LUPO ATIENZA and the defendant YOLANDA U. DE CASTRO share-and-share alike and ordering the partition of said property between them. Upon the finality of this Decision, the parties are hereby directed to submit for the confirmation of the Court a mutually agreed project of partition of said property or, in case the physical partition of said property is not feasible because of its nature, that either the same be assigned to one of the parties who shall pay the value corresponding to the share of the other or that the property to be sold and the proceeds thereof be divided equally between the parties after deducting the expenses incident to said sale. The parties shall bear their own attorney's fees and expenses of litigation. Costs against the defendant. SO ORDERED.