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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Joaquin Dizon died intestate, leaving two real properties: (A) a residential house and lot valued at PHP 5,000,000 and encumbered by a mortgage of PHP 3,000,000 in favor of Bank Omega; (B) a vacant lot valued at PHP 1,800,000, free of encumbrances. He is survived by his widow, Lucia, and two children, Kai and Mira. The heirs filed a petition for distribution and partition under Rule 90 to determine ownership shares and to partition the properties between them. Bank Omega, as mortgagee over property (A), opposes partition in kind arguing that property (A) should be sold to satisfy the debt. Lucia desires to keep property (A); Kai and Mira seek partition in kind if feasible. (a) Identify the controlling doctrine under Rule 90 and the proper parties to a petition for distribution and partition. (b) Apply the rule to the facts and explain whether the properties can be partitioned in kind or must be sold to satisfy the mortgage; outline how the sale proceeds, if any, would be distributed among the heirs. (c) If the heirs insist on partition in kind despite the mortgage, what relief or remedy can the court grant under Rule 90?

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Clara

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