G.R. No. 169536 ; September 21, 2007
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, Petitioners, vs. HON. NIMFA C. GOMEZ, in her capacity as Presiding Judge, Municipal Circuit Trial Court of Camalig-Jovellar, and HAUDINY GRAGEDA, Respondents.

FACTS

Juan Navia Grageda died intestate in 1982, leaving a parcel of land. His heirs included his sister Remigia and the heirs of his deceased brothers. In 1998, two heirs filed a complaint for partition before the Municipal Circuit Trial Court (MCTC). Among the defendants was private respondent Haudiny Grageda, who did not file an Answer. The MCTC rendered a decision ordering the partition of the property into four equal shares among the heirs of Juan’s siblings, including one share for the “Heirs of Amado Grageda.” Haudiny is a child of Amado. The MCTC later issued an alias writ of execution to enforce this decision.
Petitioners, other heirs of Amado Grageda, opposed the execution, arguing Haudiny, by his default, had waived his right to a share. They contended the share for the “Heirs of Amado Grageda” should be distributed only among the answering heirs, excluding Haudiny. The MCTC granted the execution, and the RTC and Court of Appeals subsequently dismissed petitioners’ challenges, prompting this petition.

ISSUE

Whether a co-heir who was declared in default in a partition case is precluded from benefiting from a favorable judgment that awards a share to the class of heirs to which he belongs.

RULING

The Supreme Court denied the petition and affirmed the lower courts. The legal logic is anchored on the nature of a declaratory judgment in a partition suit and the effects of default. A judgment in a partition action declaring the existence of co-ownership and the respective shares of the heirs is a judgment in rem. It conclusively settles the status of the property and the rights of all co-owners, whether they actively participated or were declared in default. The MCTC decision did not adjudicate specific portions to individuals but declared that one equal share pertained to the class of “Heirs of Amado Grageda.”
Consequently, Haudiny, as a member of that class, is entitled to the benefit of that declaration. Default only deprives a party of the right to take part in the trial, not the right to enjoy a favorable judgment. The principle of renuntiatio non praesumitur (a waiver is not presumed) applies; waiver of a right must be express and cannot be inferred from mere failure to file an Answer. Since Haudiny did not expressly waive his hereditary rights, he retains his claim to a portion of the share allotted to his father’s heirs. The execution to effect partition, therefore, rightfully includes him.