Co-Ownership

Prescription among co-owners | Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW: PRESCRIPTION AMONG CO-OWNERS (Art. 494 of the Civil Code of the Philippines)

Prescription among co-owners is a nuanced topic in property law under the Civil Code of the Philippines. It involves the principle of acquisitive prescription, where a co-owner may acquire ownership of the entire co-owned property to the exclusion of the others under certain conditions. Below is a detailed breakdown of the legal principles and requirements:

1. Relevant Provision of Law

The governing provision is Article 494 of the Civil Code, which provides:

  • "No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned."
  • The second paragraph provides the limitation: "A co-owner shall have no right to prescription against his co-owners so long as he expressly or impliedly recognizes the co-ownership."

2. General Rule

A co-owner cannot acquire by prescription the shares of the other co-owners in the co-owned property. This prohibition is based on the principle that possession by a co-owner is generally presumed to be in the concept of co-ownership and not adverse to the interests of the other co-owners.

3. Exceptions to the Rule

A co-owner may acquire ownership over the shares of the other co-owners by prescription under the following conditions:

a. Repudiation of the Co-Ownership

For acquisitive prescription to commence, there must be a clear and unequivocal repudiation of the co-ownership by one co-owner. This repudiation transforms the possession from being in the name of the co-owners to being adverse to them.

  • Requirements for Repudiation:
    • Notice: The repudiation must be brought to the knowledge of the other co-owners.
    • Clear and Unequivocal Acts: These acts must clearly indicate that the co-owner intends to hold the property exclusively and deny the co-ownership.
    • Evidence: Repudiation must be supported by competent evidence, such as:
      • Public acts of ownership inconsistent with co-ownership (e.g., executing a deed of sale over the entire property, registering the property in the co-owner’s name).
      • Refusal to recognize the rights of other co-owners when confronted.

b. Exclusive Possession

The co-owner claiming adverse possession must have been in exclusive, continuous, and notorious possession of the property under claim of ownership. This possession must be:

  • Exclusive: Sole possession without acknowledgment of the rights of other co-owners.
  • Notorious: Publicly known, such that it is apparent to the other co-owners.
  • Uninterrupted: Possession must not be interrupted by any acts of recognition of the co-ownership.

c. Lapse of Time

The required period for acquisitive prescription depends on whether possession is in good faith or bad faith:

  • Ordinary Prescription (Good Faith): 10 years of continuous, adverse possession.
  • Extraordinary Prescription (Bad Faith): 30 years of uninterrupted adverse possession.

4. Legal Implications

If a co-owner successfully acquires ownership by prescription:

  • The co-owner who repudiated the co-ownership becomes the sole owner of the property.
  • The other co-owners lose their shares, and their action to recover the property is barred by prescription.

However, in the absence of clear and convincing proof of repudiation and exclusive possession, the presumption of co-ownership remains, and prescription cannot be invoked.

5. Case Law Interpretations

Philippine jurisprudence provides extensive guidance on prescription among co-owners. Notable rulings include:

a. Heirs of Gregorio Lopez v. Court of Appeals (G.R. No. 126498)

  • The Court ruled that mere possession by one co-owner does not constitute repudiation of co-ownership. Possession is deemed to be for the benefit of all co-owners unless there is clear repudiation.

b. Vda. de Cabrera v. Court of Appeals (G.R. No. 103577)

  • The Court emphasized the need for public and overt acts of repudiation. In this case, the possession of the property by one co-owner was deemed insufficient to establish adverse possession as no notice of repudiation was proven.

c. Adille v. Court of Appeals (G.R. No. L-50754)

  • The Supreme Court held that registration of the property in the name of one co-owner may constitute repudiation if accompanied by notice to the other co-owners.

6. Practical Considerations

  • Documentation and Evidence: Any co-owner claiming prescription must substantiate their adverse possession with strong evidence, including tax declarations, deeds, and testimony.
  • Partition Remedies: Co-owners who wish to terminate the co-ownership without resorting to adverse possession may demand judicial or extrajudicial partition.

7. Limitations

  • Action for Partition: Co-owners retain the right to demand partition of the property at any time during the co-ownership, unless barred by prescription or waiver.
  • Recognition of Co-Ownership: Any act that implies recognition of the co-ownership, such as sharing in profits or paying property taxes jointly, interrupts the period for prescription.

Conclusion

While prescription among co-owners is possible, it is the exception rather than the rule. Clear, unequivocal repudiation and compliance with strict legal standards are necessary to transform possession into ownership. Courts scrutinize such claims closely to ensure that co-ownership rights are not unjustly extinguished.

Partition | Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. Ownership > 7. Co-Ownership > e. Partition

Partition is a legal process aimed at dissolving the co-ownership of property by dividing it among the co-owners or disposing of it as appropriate under the law. Under Philippine law, partition is governed by the Civil Code, primarily in Articles 494 to 501. Below is a meticulous analysis of partition in the context of co-ownership:

1. Nature and Purpose of Partition

Partition terminates the co-ownership by allocating definitive portions of the property to each co-owner. The goal is to provide each co-owner with their respective share, as determined by their proportionate interest in the property.

2. General Rights of Co-Owners in Partition

  1. Right to Demand Partition (Article 494):

    • General Rule: No co-owner is compelled to remain in the co-ownership. Any co-owner may demand partition at any time.
    • Exceptions:
      • When partition is prohibited by agreement among co-owners (limited to ten years, extendable by mutual consent).
      • When the co-ownership arises from a testator’s wish that the property not be divided for a certain period (limited to 20 years under Article 1083).
      • When the property is indivisible, or partition is impractical (e.g., specific laws governing the indivisibility of certain types of property like family homes, cultural properties, etc.).

  2. Right to an Equal Share (Article 496):

    • Co-owners are presumed to have equal shares unless there is proof otherwise.

  3. Right to Representation:

    • When a co-owner dies, their heirs assume their position in the co-ownership.

3. Kinds of Partition

  1. Extrajudicial Partition:

    • Co-owners agree to divide the property among themselves without judicial intervention.
    • This requires a written agreement signed by all co-owners.
    • Must be registered with the Registry of Deeds to bind third parties.

  2. Judicial Partition:

    • Filed in court when co-owners cannot agree on the terms of partition.
    • Governed by Rule 69 of the Rules of Court.
    • May involve a physical division of the property or sale of the property if indivisible.

4. Steps in Judicial Partition

  1. Filing of Complaint:

    • A co-owner files a complaint for partition in the Regional Trial Court where the property is located.

  2. Appointment of Commissioners (Rule 69, Sec. 3):

    • The court appoints not more than three commissioners to oversee the partition.

  3. Submission of Commissioners’ Report:

    • The commissioners submit a report detailing how the property can be partitioned.

  4. Court Approval:

    • If the report is just and equitable, the court issues an order for partition.

  5. Issuance of New Titles:

    • Once the property is partitioned, new titles are issued to reflect the individual ownership of the portions.

5. Partition of Indivisible Properties

If the property is indivisible, the law provides the following options:

  1. Sale of the Property (Article 498):

    • The property is sold, and the proceeds are divided among the co-owners in proportion to their shares.

  2. Award to One Co-Owner:

    • The property may be adjudicated to one co-owner who compensates the others based on their proportionate shares.

6. Rights of Creditors in Partition

Creditors or assignees of a co-owner may intervene in the partition to protect their interests. This is especially relevant if a co-owner has outstanding debts secured by their share of the co-owned property (Article 497).

7. Effects of Partition

  1. Termination of Co-Ownership:

    • Partition ends the co-ownership and transforms co-owners into individual owners of specific portions.

  2. Final and Binding Effect:

    • A valid partition, whether extrajudicial or judicial, is binding on all parties involved.

  3. Rescission or Annulment:

    • Partition may be rescinded or annulled if obtained through fraud, mistake, or undue influence.

8. Practical Considerations

  1. Property with Encumbrances:

    • Partition does not extinguish existing mortgages, easements, or other encumbrances on the property unless the encumbrance holder agrees.

  2. Liability for Improvements:

    • Co-owners are entitled to reimbursement for necessary and useful expenses made on the property prior to partition.

  3. Partition of Agricultural Lands:

    • Governed by agrarian reform laws; subdivision of agricultural lands must comply with restrictions under CARP (Comprehensive Agrarian Reform Program) laws.

9. Key Jurisprudence on Partition

  1. Heirs of Samonte v. Court of Appeals (1997):

    • Reiterated that partition can be rescinded if a co-owner was misled about the property's value or scope.

  2. Dela Cruz v. Dela Cruz (2006):

    • Clarified that prescription does not run against a co-owner demanding partition unless there is clear repudiation of the co-ownership.

  3. Lopez v. Ilustre (1915):

    • Established that an indivisible property may be awarded to one co-owner with proper compensation to others.

Conclusion

Partition is a crucial process for dissolving co-ownership in Philippine law, ensuring that co-owners receive their just shares of property. Whether conducted extrajudicially or judicially, it is essential to follow the provisions of the Civil Code and the Rules of Court to protect the rights and interests of all parties involved.

Consequences of Co-ownership | Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Consequences of Co-Ownership under Philippine Civil Law

The legal framework governing co-ownership in the Philippines is primarily found in the Civil Code of the Philippines (Republic Act No. 386). Below are the detailed consequences, rights, and obligations arising from co-ownership, classified for clarity and precision:

1. Definition of Co-Ownership

Under Article 484 of the Civil Code, co-ownership exists when an undivided thing or right belongs to different persons, with each holding an ideal or abstract portion but without a physical division of the whole.

2. Rights of Co-Owners

The rights of co-owners over the co-owned property are carefully delineated in the Civil Code:

a. Right to Use and Enjoy (Art. 486)

Each co-owner may use the thing owned in common, provided:

  • The use benefits the co-ownership as a whole.
  • It does not exclude others from their rights.

For instance, if the property is a residential lot, one co-owner cannot unreasonably occupy the entire space to the detriment of others.

b. Right to Fruits and Benefits (Art. 485)

  • The fruits (natural, industrial, or civil) of the co-owned property are divided proportionally to the ownership shares.
  • If one co-owner gathers the fruits exclusively, they must account for and share them with the others.

c. Right to Alienate or Dispose of Interest (Art. 493)

  • Each co-owner may freely dispose of, assign, or sell their undivided share without the consent of the others.
  • However, no co-owner can sell specific physical portions of the property unless there is a prior partition.

d. Right to Propose Partition (Art. 494)

  • Any co-owner can demand the division of the property at any time, subject to the following:
    • Partition is not permissible if it renders the property unserviceable.
    • Partition may be postponed by agreement, but such agreements cannot exceed ten years unless the law provides otherwise.

e. Right to Contribution for Necessary Repairs (Art. 488)

Co-owners are entitled to reimbursement from others for expenses incurred for necessary repairs and preservation of the property.

3. Obligations of Co-Owners

a. Contribution to Taxes and Expenses (Art. 488)

  • All co-owners are obligated to contribute proportionally to the expenses for the preservation of the thing owned in common and the payment of taxes.
  • A co-owner who advances these expenses has the right to seek reimbursement.

b. Duty to Preserve the Common Property (Art. 485)

  • No co-owner may perform acts that are prejudicial to the preservation or integrity of the co-owned property.

c. Accountability for Exclusive Use (Art. 487)

If one co-owner exclusively uses the property, they may be held liable to pay rent or indemnify the others for their loss of use.

4. Acts Requiring Unanimity

Certain actions over the co-owned property require unanimous consent from all co-owners, per Article 491:

a. Alteration or Improvements

  • No co-owner may alter the physical condition of the property or make significant improvements without the consent of all.
  • If unauthorized improvements are made:
    • Useful improvements: May be reimbursed if they add value.
    • Luxurious improvements: Generally not reimbursed.

b. Alienation or Encumbrance of the Entire Property

  • No individual co-owner may sell, mortgage, or encumber the entire co-owned property without the consent of all.

5. Partition of Co-Owned Property (Art. 494-501)

a. Demand for Partition

  • Any co-owner can demand partition unless a legal or contractual limitation exists.
  • Partition can be:
    • Voluntary Partition: Mutual agreement among co-owners.
    • Judicial Partition: Court intervention if no agreement is reached.

b. Indivisibility of Property

  • If the property is indivisible (e.g., a small lot), it may be sold, and the proceeds are distributed among co-owners.

c. Effect of Partition

  • Partition terminates the co-ownership, and co-owners become sole owners of their respective portions.

6. Termination of Co-Ownership

Co-ownership is terminated by:

  • Partition as discussed above.
  • Consolidation of ownership when one co-owner acquires all shares.
  • Extinction of the Property, e.g., through destruction or sale.

7. Judicial Remedies in Co-Ownership Disputes

a. Action for Partition

  • A co-owner may file a judicial action for partition if there is no agreement on how to divide the property.

b. Action for Accounting

  • A co-owner can demand an accounting of rents, fruits, or income generated by the property.

c. Action for Injunction

  • If one co-owner unreasonably excludes others from using the property, an injunction may be sought.

8. Special Rules for Co-Ownership of Land

Under the Property Registration Decree (Presidential Decree No. 1529), the following apply:

  • A co-owner may register their undivided share in the title.
  • The sale or disposition of an undivided share must comply with laws on land registration.

9. Practical Implications

In practical terms, the legal consequences of co-ownership require:

  • Clear communication and agreements among co-owners.
  • Prudence in managing shared assets to avoid disputes.
  • Legal remedies for enforcing rights and obligations in cases of non-compliance.

This comprehensive understanding of co-ownership ensures that parties are aware of their rights, obligations, and remedies under Philippine law.

Quantitative and Qualitative Concept of Co-ownership | Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW

IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

B. Ownership

7. Co-Ownership

b. Quantitative and Qualitative Concept of Co-ownership

Co-ownership, as defined under Philippine law, occurs when an undivided thing or right belongs to different persons, with each having an ideal share in the entire property. This concept is extensively governed by Articles 484 to 501 of the Civil Code of the Philippines. Within co-ownership, there are both quantitative and qualitative aspects, which dictate the extent of ownership and the rights of co-owners.

1. Quantitative Concept of Co-ownership

The quantitative concept refers to the proportionate shares of co-owners in the co-owned property. This deals with ownership percentages or ideal shares, which are presumed to be equal unless otherwise stipulated or proven.

  • Presumption of Equal Shares (Article 485)
    When the co-owners’ respective shares are not explicitly stated in a title or agreement, the law presumes their shares to be equal. However, this presumption is rebuttable, and evidence may be presented to show a different proportion of ownership.

  • Division of Benefits and Obligations (Article 485)
    Each co-owner shares in the benefits (e.g., rents, profits) and obligations (e.g., taxes, repairs) of the co-owned property in proportion to their respective shares.

  • Proof of Unequal Shares
    A co-owner claiming a greater share must present clear evidence to support their claim, such as contracts, deeds, or contributions toward the acquisition of the property.

2. Qualitative Concept of Co-ownership

The qualitative concept focuses on the nature of the relationship and rights of the co-owners over the co-owned property. While each co-owner has a distinct and proportionate ideal share, their rights pertain to the entire property, not just a specific physical portion of it.

  • Undivided Interest in the Whole (Article 484)
    Each co-owner’s share is an ideal or abstract part of the property, not a specific, physical portion.

    • Example: In a co-owned lot, a co-owner with a 30% share does not own a specific 30% portion of the lot but has a 30% interest in the entire property.

  • No Exclusive Rights to Specific Portions
    Until a physical division or partition occurs, all co-owners have equal rights to the use and enjoyment of the entire property, subject to the proportional rights of others.

3. Key Rights of Co-Owners

  • Right to Use and Enjoy (Article 486)
    Each co-owner has the right to use and enjoy the co-owned property, provided they do not infringe upon the rights of other co-owners. This use must be consistent with the property's nature and agreed purposes.

  • Right to Alienate Shares (Article 493)
    Each co-owner may freely dispose of, assign, or encumber their ideal share without the need for consent from the other co-owners. However, this disposition only affects the owner’s ideal share, not the physical property unless partition has occurred.

  • Right to Demand Partition (Article 494)
    Co-owners have the right to demand partition of the property at any time unless the partition is:

    • Prohibited by law or contract (not exceeding 10 years); or
    • The property’s indivisibility makes partition impractical.

  • Right to Reimbursement (Article 488)
    A co-owner who spends for the preservation, repair, or improvement of the co-owned property has the right to reimbursement from the other co-owners proportionate to their shares.

4. Duties and Obligations of Co-Owners

  • Contribution to Expenses (Article 488)
    Co-owners are obligated to contribute proportionally to:

    • Taxes,
    • Charges, and
    • Necessary repairs or maintenance.

  • Duty to Respect Co-ownership
    No co-owner may act in a manner that prejudices the co-ownership. Any use or enjoyment of the property must align with the interests of all co-owners.

  • Preservation of Common Property
    A co-owner must take measures to preserve the property from loss or deterioration.

5. Termination of Co-ownership

Co-ownership may be terminated through partition or other means:

  • Voluntary Partition (Article 494)
    Co-owners may agree to divide the property by mutual consent. If the property is divisible, physical partition may occur; otherwise, the property may be sold, and the proceeds divided proportionally.

  • Judicial Partition (Article 495)
    If co-owners cannot agree, any co-owner may seek judicial partition. Courts may:

    • Order the property divided if practicable; or
    • Order its sale if division would result in the property's deterioration or diminish its value.

  • Termination by Consolidation
    If one co-owner acquires the shares of all other co-owners, the co-ownership is terminated.

6. Practical Applications and Case Law

Philippine jurisprudence has clarified various aspects of co-ownership:

  • Use of Property
    Co-owners must use the property in a manner that benefits all. For instance, building structures or fencing the property without the consent of others may result in liability for damages unless it is beneficial and consent is presumed.

  • Income from Co-owned Property
    Income generated from co-owned property must be shared proportionally. Failure to do so may result in legal claims for accounting or damages.

  • Improvements and Reimbursements
    Substantial improvements made without the consent of other co-owners are considered as being made at the sole risk and expense of the improving co-owner, unless they are necessary and urgent.

Conclusion

The quantitative and qualitative concepts of co-ownership under Philippine law highlight both the ideal shares of co-owners and their collective rights over the entire property. The balance between individual and collective interests forms the core of co-ownership. Careful adherence to the principles in Articles 484–501 ensures harmonious co-ownership, while mechanisms for partition provide an avenue for resolution should conflicts arise.

Definition | Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. Ownership > 7. Co-Ownership > a. Definition

Definition of Co-Ownership

Co-ownership is a form of ownership where two or more persons own a single property in such a manner that each has an undivided interest over the entire property. This type of ownership is characterized by a communal or shared dominion over the property, with no exclusive right to any specific physical portion unless partitioned.

Legal Basis:

  • Co-ownership is primarily governed by the Civil Code of the Philippines under Articles 484 to 501.

Essential Features of Co-Ownership

  1. Plurality of Owners:
    • There are two or more owners (co-owners) who have concurrent rights over the property.
  2. Undivided Shares:
    • Each co-owner is entitled to a proportionate share in the property but has no exclusive claim over any specific part until partition is made.
    • Example: If there are two co-owners and no specific allocation, each owns an undivided one-half share of the property.
  3. Pro Indiviso Ownership:
    • The property is held "pro indiviso," meaning the co-owners have ownership over the whole and not specific parts.

Creation of Co-Ownership

Co-ownership may arise in various ways:

  1. By Law:
    • Instances where the law mandates co-ownership, such as co-ownership of the conjugal partnership or absolute community property between spouses.
  2. By Contract:
    • Co-ownership can be established through mutual agreement among individuals.
  3. By Succession:
    • Co-heirs automatically become co-owners of the inherited property before partition.
  4. By Other Acts or Causes:
    • Examples include prescription, donation, or mixed causes.

Rights of Co-Owners

Under Article 485 of the Civil Code:

  1. Right to Use and Enjoy:
    • Each co-owner can use and enjoy the property in proportion to their share, provided they do not prejudice the interest of other co-owners.
  2. Right to Share in Benefits and Income:
    • Each co-owner has the right to a proportional share of the benefits, such as rents, produce, or income derived from the property.
  3. Right to Alienate or Dispose:
    • A co-owner may sell, assign, or mortgage their undivided share without the consent of the others but cannot dispose of specific parts of the property.
  4. Right to Partition:
    • Any co-owner may demand partition unless prohibited by law or agreed upon for a specific period (Article 494).
  5. Right to Contribution:
    • Each co-owner is obligated to contribute proportionately to the expenses for the preservation, maintenance, and taxes of the property (Article 488).

Duties and Limitations of Co-Owners

  1. Duty to Preserve Property:
    • Co-owners must not act in a way that harms the property or diminishes its value.
  2. Respect for Equal Rights:
    • Each co-owner must respect the equal rights of other co-owners to use and enjoy the property.
  3. Prohibition on Exclusive Use:
    • No co-owner may exclusively occupy or use a specific part of the property unless agreed upon by all.
  4. Unanimity for Major Decisions:
    • Acts of strict dominion, such as selling the entire property, require the unanimous consent of all co-owners (Article 491).

Termination of Co-Ownership

  1. Partition:
    • Partition ends the co-ownership by dividing the property into distinct portions for each co-owner. This can be:
      • Voluntary Partition: By agreement among co-owners.
      • Judicial Partition: Ordered by the court in case of disagreement.
  2. Consolidation of Ownership:
    • Co-ownership ends if one person acquires the shares of all other co-owners, thus becoming the sole owner.
  3. Loss or Destruction of Property:
    • Co-ownership naturally terminates if the property ceases to exist.

Special Rules on Co-Ownership

  1. Presumption of Equal Shares:
    • In the absence of proof to the contrary, it is presumed that co-owners have equal shares in the property (Article 485).
  2. Actions Affecting the Property:
    • Acts of preservation may be undertaken by any co-owner without the need for the consent of others, but necessary expenses are reimbursable.
  3. Improvements:
    • Useful or luxurious expenses made by one co-owner require the consent of the others. Otherwise, reimbursement is only allowed up to the extent of the value added to the property.

Distinction from Other Forms of Ownership

  1. Co-Ownership vs. Joint Ownership:
    • In co-ownership, each co-owner has a share in the entire property, while in joint ownership, ownership is tied to specific portions.
  2. Co-Ownership vs. Condominium Ownership:
    • Condominium ownership involves exclusive ownership of specific units and shared ownership of common areas, whereas co-ownership involves shared ownership of the entire property.

Relevant Jurisprudence

  1. Heirs of Calixto Lim vs. Heirs of Gavino Ramos (G.R. No. 160805, March 12, 2007):
    • Clarified the nature of co-ownership in the context of inherited properties.
  2. Tigno vs. Aquino (G.R. No. 133921, June 28, 2001):
    • Affirmed the right of a co-owner to demand partition at any time unless prohibited.

In conclusion, co-ownership is a dynamic legal relationship that balances shared rights and obligations among co-owners. Its regulation under the Civil Code ensures fairness, clarity, and the equitable use of shared property while providing remedies for resolving disputes.

Co-Ownership | Ownership | PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

CIVIL LAW: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

Topic: Co-Ownership

I. Definition and Nature of Co-Ownership

Co-ownership exists when the ownership of an undivided thing or right belongs to different persons. In this arrangement, each co-owner owns an ideal or abstract portion of the whole property, not any specific part thereof, unless a physical division is made.

II. Legal Basis

  • Civil Code of the Philippines: Articles 484–501.

III. Characteristics of Co-Ownership

  1. Plurality of Owners: Two or more persons own the property.
  2. Undivided Shares: Each co-owner owns a proportionate, undivided share of the property.
  3. Proportionate Ownership: The share of each co-owner is presumed equal unless proven otherwise (Art. 485).
  4. Mutual Relations: Co-owners must respect each other's rights.

IV. Rights of Co-Owners

  1. Right to Use and Enjoy (Art. 486):

    • Each co-owner has the right to use the entire property, provided it does not prejudice the rights of other co-owners.
    • Use of the property should be in accordance with the purpose intended.

  2. Right to Fruits and Benefits (Art. 485, Art. 488):

    • Each co-owner is entitled to their proportionate share of the fruits, benefits, or profits derived from the property.

  3. Right to Alienate or Encumber (Art. 493):

    • A co-owner may freely sell, mortgage, or otherwise dispose of their share in the co-owned property.
    • However, such acts do not bind the shares of other co-owners unless they consent.

  4. Right to Participate in Decisions:

    • Decisions affecting the property require majority approval based on the shares of co-owners (Art. 492).
    • For acts of administration:
      • Majority consent suffices.
    • For acts of ownership:
      • Unanimous consent is necessary (e.g., sale of the entire property).

  5. Right to Demand Partition (Art. 494):

    • A co-owner can demand the division of the co-owned property at any time, unless prohibited by agreement or the nature of the property.

V. Obligations of Co-Owners

  1. Preservation of the Property (Art. 488):

    • Co-owners must bear expenses necessary for the preservation of the thing owned in common.

  2. Sharing of Expenses (Art. 485):

    • Co-owners must proportionately share expenses for the preservation, repair, and improvement of the property.

  3. Avoidance of Prejudicial Acts (Art. 489):

    • No co-owner may perform acts of ownership that would injure the rights of other co-owners.

VI. Partition of Co-Owned Property

  1. General Rule: Any co-owner may demand partition at any time (Art. 494).

    • Exception:
      • Agreement among co-owners to prohibit partition for a period not exceeding 10 years.
      • Partition is impossible due to the nature of the property.

  2. Modes of Partition:

    • Voluntary Partition: By mutual agreement of the co-owners.
    • Judicial Partition: By court intervention when co-owners cannot agree.

  3. Effects of Partition:

    • Termination of the co-ownership.
    • Each co-owner becomes the exclusive owner of their respective portion.

  4. Indivisibility of the Property (Art. 495):

    • When the property is indivisible, it may be:
      • Adjudicated to one co-owner who will indemnify others.
      • Sold, and the proceeds distributed among co-owners.

VII. Termination of Co-Ownership

  1. By Partition: Physical or judicial separation of the property.
  2. By Consolidation of Ownership: When one co-owner acquires all shares.
  3. By Loss or Destruction of the Property: If the property is destroyed or lost, co-ownership terminates.
  4. By Legal Causes: Any other legal means that terminate the co-ownership.

VIII. Remedies in Co-Ownership

  1. Action for Partition (Art. 494):
    • Co-owners may file an action for judicial partition if voluntary partition is not possible.
  2. Action to Prevent Prejudicial Acts:
    • Co-owners may seek injunctive relief if a co-owner commits acts detrimental to the property.
  3. Accounting of Fruits and Expenses:
    • Co-owners may demand an accounting of income and expenses related to the property.

IX. Special Rules

  1. Co-Ownership in Intestate Succession:
    • Upon the death of a person, heirs hold the estate in co-ownership until partition.
  2. Co-Ownership in Partnerships:
    • Property held by a partnership is not considered co-ownership among partners; it belongs to the juridical entity.

X. Jurisprudence and Key Doctrines

  1. Heirs in Co-Ownership:
    • Cruz v. Cruz: Heirs are co-owners of the estate prior to partition.
  2. Acts Prejudicial to Co-Ownership:
    • Santos v. Santos: A co-owner cannot unilaterally make decisions detrimental to the property.
  3. Right to Partition:
    • Lopez v. Ilustre: Courts will grant partition when demanded, unless prohibited by law.

Conclusion

Co-ownership is a temporary arrangement where the property is held by multiple persons. The Civil Code provides a framework to ensure the rights of all co-owners are protected while facilitating the eventual resolution of co-ownership, whether through voluntary or judicial partition.

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