Action for rescission of partition on account of lesion
"My siblings and I had an extrajudicial partition of our parent’s estate five years ago. But one of my sisters who already received her share in the said partition came to us last week and asked for the rescission of partition. She claimed that upon examination and survey of the lot she received, it was less than about 15 percent of the supposed share allotted to her. According to my sister, her paralegal friend told her that her situation is called a “lesion,” which entitles her to rescind the partition. May I know the meaning of “lesion”?Also, can she still ask for the rescission of the partition?
The answer to your query is found in the provisions of Republic Act 386, otherwise known as the “Civil Code of the Philippines.” In this regard, Article 1098 defines lesion, viz:“Article 1098. A partition, judicial or extrajudicial, may also be rescinded on account of lesion, when any one of the co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled, considering the value of the things at the time they were adjudicated.”
A reading of the law dictates that lesion occurs whenever a co-heir receives his/her share with value less by at least one-fourth or 25 percent of the supposed share he/she is entitled to at the time it was adjudicated.Pertinently, in order for lesion to occur in your sister’s share, the portion that she received must be less by at least 25 percent of her supposed share. However, you have mentioned that her share was only less by about 15 percent of her allotted share. Consequently, the loss was not yet sufficient for purposes of having it classified as lesion.
Moreover, even if we assume for the sake of elucidation that there was lesion or less by at least one-fourth of the share to which your sister was entitled, given that the partition occurred five years ago, applying Article 1100 of the Civil Code, the right of action already prescribed, to wit:“Article 1100. The action for rescission on account of lesion shall prescribe after four years from the time the partition was made.”In sum, an action for rescission of an extrajudicial partition on the basis of lesion can only be filed within four years from the time the partition was made. Therefore, summarizing our answers to your queries, based on the facts that you have mentioned, it is submitted that your sister’s right of action can no longer prosper for the following reasons: First, there was no lesion. And second, the right of action already prescribed.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org"
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"Action for rescission of partition on account of lesion"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021