G.R. No. 177703. January 28, 2008.*
John Nabor C. Arriola, the son of decedent Fidel Arriola on his first wife for judicial partition of the properties against Vilma G. Arriola and Anthony Ronald G. Arriola, the second wife and their son. RTC granted the petition and among the properties subject to partition is a land which sought it sale through public auction which the both parties agreed.
But it has to be reset due to the petitioners refusal to include the disposal of subject house which is standing on the subject land, the plaintiff argued that it should be considered accessory to the land on which it is built and the subject house was built by the deceased.