G.R. No. 169536 - REMIGIA[*] GRAGEDA, CLARITA GRAGEDA-IMPERIAL, MOSAD-LINO GRAGEDA, ANTONIO GRAGEDA, MERLIN GRAGEDA AND HEIRS OF JUAN MOROÑA GRAGEDA, REPRESENTED BY HIS WIDOW, MARCELITA N. GRAGEDA, VS. HON. NIMFA C. GOMEZ, IN HER CAPACITY AS PRESIDING JUDGE, MUNICIPAL CIRCUIT TRIAL COURT OF CAMALIG-

Ruling

WHEREFORE, Premises considered, judgment is hereby rendered as follows, to wit: Ordering the partition of Lot No. 6386, including the house built on it, into four (4) equal shares, among Remegia Grageda, Heirs of Amado Grageda, Heirs of Moises Grageda and the Heirs of Lauro Grageda, the latter represented by the plaintiffs Dorotea Grageda-Naga and Lina Grageda-Solano . They shall contribute equally for any such expenses necessary to effect such partition; Ordering the defendants to pay the plaintiffs the following sums of money: 2.a. The amount of Twenty Thousand Pesos, Philippine currency, as attorney's fees, to include counsel's appearance fees; 2.b. The amount of Five Thousand Pesos, Philippine currency, as and by way of litigation expenses. The defendants shall pay the costs of suit. [7] On 16 January 2001, the MCTC issued an Order commissioning Geodetic Engineer Ramon Magdaong to conduct a survey of the subject lot, to carry out the partition, and to submit his report thereon. The full contents of such Order are as follows: Geodetic engineer Ramon Magdaong is hereby commissioned to conduct a survey on re: partition of Lot No. 6386 pursuant to and to carry out that portion of the decision, dated March 31, 2000 re: partition of Lot No. 6386 into four (4) equal shares , on the above-entitled case. Engineer Magdaong shall consider the value of the house standing on such lot as he partition it pursuant to his commission. Thus, engineer Magdaong is hereby directed to appear and thus take his oath as commissioner before this Court on February 8, 2001, at 9:30 o'clock in the morning. Within a period of ten (10) days after Engineer Magdaong has taken his commissioner's oath, he will convene the parties to a meeting before he conduct his survey to partition Lot No. 6386. Commissioner Magdaong shall notify the parties, their counsels and this Court of the date and precise time he will conduct his survey to partition Lot No. 6386. Such survey shall be transparent, and the parties shall have the option to attend it, assisted by another geodetic engineer of their choice, if they so wish, and they can raise objection/s as commissioner Magdaong conduct his survey, and the latter is hereby required to note any and all objections. Within a period of fifteen (15) days after commissioner Magdaong has completed his survey to partition Lot No. 6386, he shall submit with this Court his written report embodying the result of such survey, furnishing separate copies thereof to the parties thru their counsels. Commissioner Magdaong's compensation for his work shall be taxed as costs against the parties here, pursuant to the above decision. Send separate copies of this order upon Engineer Ramon Magdaong, who resides in Daraga, Albay, the parties and their counsels. [8] On 22 October 2001, Dorotea Grageda-Naga and Lina Grageda-Solano filed a Manifestation stating that the disputed property had already been partitioned in accordance with MCTC's Order. [9] It appears, how