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Art.
484.
There
is
coownership
whenever
the
ownership of an undivided
thing or right belongs to
different persons.
In default of contracts, or of
special
provisions,
coownership shall be governed
by the provisions of this Title.
REQUISITES:
1. Plurality of owners
2. Object must be an undivided thing or right; and
3. Each co-owners right must be limited only to his
ideal or abstract share of the physical whole
There are ideal shares defined but not physically identified
General Rule:
1. Proportionality: the share of the co-owners, in the benefits as well as in the
charges, shall be proportional to their respective interest
a. Mandatory
b. Any stipulation to the contrary shall be void
Rights of Co-owners
1. Right to share in the benefits as well as the charges
a. Proportional to their interests
b. Stipulation to the contrary is void
c. Portion belonging to the co-owners is presumed
to be equal
2. Right to use the thing owned in common (Art. 486)
a. That he use the thing in accordance with the
purpose for which it is intended
i. Agreement
ii. Use to which it is ordinarily adapted
iii. Use to which it is previously devoted
! Mere tolerance on the part of co-owners cannot legalize
the change in the use of a thing from that intended
b. That he uses it in such a way as to not injure
the interest of the co-ownership
c. That he uses it without preventing the other coowners from making use thereof according to
their own rights
! Remedies available to owners in general may be used
by co-owners
Each co-owner has absolute control over his ideal share
- Every co-owner has absolute ownership of his
undivided interest in the co-owned property
- They are free to alienate, assign or mortgage their
interest except as to purely personal rights
- Limitation
o He cannot alienate the shares of his coowners
Right of each co-ownerbefore the partition of a land or
thing held in common, no individual or co-owner can
claim title to any definite portion thereof
- All that he has is an ideal or abstract quota or
proportionate share in the entire land or thing
5. Right to repair
a. Repairs for preservation may be made at will of
one of the co-owners, but he must, if
practicable, first notify his co-owners of the
necessity for such repairs
i. Lack of notice gives rise to the
presumption that repair is not necessary
b. A case where one co-owner can bind the other
(other case is 487)
NUMBER OF CO-OWNERS WHO MUST CONSENT
a. Repairs, ejectment action: 1
b. Alterations or acts of OWNERSHIP: ALL
c. All others (useful improvements, luxurious
embellishments, etc): FINANCIAL MAJORITY
6. Right to oppose alterations
a. General Rule: Consent of all others is needed to
make alterations, even if alteration benefits all
b. Exception: If the withholding of the consent is
clearly prejudicial to the common interest, the
courts may afford relief
c. Reason for the rule: alteration is an act of
ownership, not mere administration
ALTERATIONS:
An alteration is a change
a. Which is more or less permanent
b. Which changes the use of the thing; and
c. Which prejudices the condition of the thing or
its enjoyment by others
7. Right to full ownership of his part and of the fruits and
benefits pertaining thereto (493)
8. Right to partition (494)
a. Each may demand, at any time, the partition of
the thing, insofar as his share is concerned
b. An agreement to keep the thing undivided for a
certain period NOT exceeding 10 years is valid
c. Term may be extended by a new agreement
d. Donor or testator may prohibit partition, period
not to exceed 20 years
e. No partition may be made if prohibited by law
f.
A. ACTS OF ADMINISTRATION
1.
2.
3.
a.
b.
4.
PARTITION
A. RIGHT TO PARTITION
1. General Rule. No co-owner shall be onliged to remain in the coownership. Each co-owner may demand at any time the
partition of the thing owned in common, insofar as his share is
concerned. (Art. 494)
The purpose of partition is to separate, divide, and assign a
thing held in common among those to whom it belongs. (see
Art. 1079) Every act intended to put an end to indivision is
deemed to be a partition (See Art. 1082)
2.
a.
b.
c.
3.
Limitations
An agreement to keep the thing undivided for a certain period
of time, not exceeding 10 years, shall be valid. (Art. 494)
This term may be extended by a new agreement (Art. 494)
Each extension should likewise not exceed 10 years.
A donor or testator may prohibit partition for a period which
shall not exceed 20 years.
Neither shall there be any partition when it is prohibited by law.
(Art. 494)
Imprescriptibility. No prescription shall run in favor of a coowner or co-heir against his co-owners or co-heirs so long as he
expressly or impliedly recognizes the co-ownership. (Art. 494)
a.
b.
i.
ii.
iii.
Generally, a co-owners possession is considered as not adverse to his co-owners. The co-owner in
possession is said to act as a trustee for his co-owners.
Mere silent possession by a co-owner; his receipt of rents, fruits or profits from the property; his
erection of buildings and fences and the planting of trees thereon; and the payment of land taxes
cannot per se serve as proofs of exclusive ownership.
Stronger evidence is required to prove adverse possession against a co-owner than that against
strangers.
For prescription to run in favor of a co-owner, it must be shown that his possession was adverse to the
other co-owners, which requires the following elements:
He has performed unequivocal acts of repudiation amounting to an ouster of the other co-owners;
Such positive acts of repudiation have been made known to the other co-owners; and
The evidence thereon must be clear and convincing.
B. MODES OF PARTITION. Partition may be made by an agreement between the parties or by judicial
proceedings.
1. The agreement may be oral or written.
2. Judicial partition shall be governed by the Rules of Court insofar as they are consistent with the Civil
Code (Art. 496)
a. All co-owners are indispensible parties which must be impleaded in the partition case.
b. A case for judicial partition has two stages under Rule 69.
i. First Stage: Determination of whether co-ownership exists and whether partition is proper. If the court
orders partition, the parties ay agree on how to divide the party, which agreement will be confirmed by
the court.
ii. Second Stage: If the parties cannot agree, the court will decide how the property is to be divided, with
the assistance of the commissioners. The court may also order an accounting of the rents or fruits.
C. MANNER OF PARTITION
1. If the property owned in common is divisible, a co-owner may demand that it be physically divided and
his portion thereof may be given to him.
2. If the property owned in common is essentially indivisible or if the physical division of the thing would
render it unserviceable for the use for which it is intended, the owners cannot demand a physical
division. (Art. 495) Their options are the following:
a. The co-owners can agree that the property be allotted to one of them who shall indemnify the others.
(Art. 498)
b. If the co-owners cannot agree, the property shall be sold and its proceeds distributed among them.
(Art. 498)
D. RIGHTS OF THIRD PARTIES
1. The partition of a thing owned in common shall not prejudice third persons, who shall retain the rights
of mortgage, servitude, or any other real rights belonging to them before the division was made. (Art.
499)
2. Personal rights pertaining to third persons against the co-ownership shall also remain in force,
notwithstanding the partition. (Art. 499)
3. The creditors or assignees of the co-owners may take part in the division of the thing owned in
common and object to its being effected without their concurrence (Art. 497)
But they cannot impugn any partition already executed, unless
i. There has been fraud, or
ii. In case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to
the right of the debtor or assignor to maintain its validity. (Art. 497)
E. INCIDENTS OR PARTITION.
1. Upon partition, there shall be a mutual accounting for benefits received and reimbursements for
expenses made. (Art. 500)
2. Likewise, each co-owner shall pay for damages caused by reason of his negligence or fraud. (Art. 500)
3. Every co-owner shall, after partition, be liable for defects of title and quality of the portion assigned to
each of the other co-owners. (Art. 501)