II D. Co-Ownership

Question 1

RIGHT TO PROPERTY OWNED IN COMMON
v. FULL OWNERSHIP OVER IDEAL SHARE p. 638. 652 type

See cases p. 639

Answer 1

1. Right to property owned in common

NOTE: Each co-owner is granted the right to use the property owned in common for the purpose for which it is intended. Two restrictions in the enjoyment of this right:

a. The co- ownership shall not be injured; and
b. The exercise of such right shall not prevent the other co-owners from using the property according to their own rights. (Rabuya, 2008; Aguilar v. CA, G.R. No. 76351, 29 Oct. 1993)

2. Full ownership over his/her ideal share

NOTE: A co-owner has full ownership of his share (undivided interest) and the fruits and benefits arising therefrom. Being the full owner thereof, he may alienate, assign, or mortgage it. He can also substitute another person in the enjoyment of his share, except only when personal rights are involved. (Art. 493, NCC)

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Question 2

Expenses which the co-owners can be
compelled to contribute:

p. 644 GN

Answer 2

Only necessary expenses. Useful expenses and those for pure luxury are not included.

Question 3

Acts requiring the majority consent of the co-owners

Answer 3

1. Management;
2. Enjoyment; and
3. Improvement or embellishment

Question 4

Q: May a co-owner opt not to contribute to the expenses for the preservation of the property?

P. 644 gn

Answer 4

A: GR: YES, by renouncing his undivided interest equal to the amount of contribution.

XPN: If the waiver or renunciation is prejudicial to the co-ownership, otherwise he cannot exempt himself from the contribution. (Art. 488, NCC)

NOTE: The value of the property at the time of the renunciation will be the basis of the portion to be renounced

Question 5

III. Redemption; Effect of Redemption

Answer 5

Redemption of the whole property by a co-owner does not vest in him sole ownership over said property. Redemption within the period prescribed by law will inure to the benefit of all coowners. Hence, it will not put an end to existing co-ownership. (Mariano v. CA, GR. No. 101522, 28 May 1993)

Question 6

Redemption: Right of Legal Can Redemption be exercised even if there is no co-ownership?

Answer 6

Right of Legal Redemption cannot be exercised
when there is no co-ownership

Once the property is subdivided and distributed among the co-owners, the community ceases to exist and there is no more reason to sustain any right of legal redemption.

The exercise of this right presupposes the existence of a co-ownership at the time the conveyance is made by a co-owner and when it is demanded by the other co-owners. (Vda. de Ape v. CA, G.R. No. 133638, 15 Apr. 2005)

Question 7

Redemption: Can A co-owner cannot alienate the shares of his
other co-owners

Answer 7

While a co-owner has the right to freely sell and dispose of his undivided interest, nevertheless, as a co-owner, he cannot alienate the shares of his other co-owners. The disposition made by Villaner affects only his share pro indiviso, and the transferee gets only what corresponds to his grantor’s share in the partition of the property owned in common. The property being conjugal, Villaner’s interest in it is the undivided one-half portion. When his wife died, her rights to the other half was vested to her heirs including Villaner and their eight (8) legitimate children. (Acabal v. Acabal, G.R. No. 148376, 31 Mar.2005)

Question 8

Status of the sale by a co-owner

Answer 8

A sale of the entire property by one co-owner without the consent of the other co-owners is valid. However, it will only affect the interest or share in the undivided property of the co-owner who sold the same. The remedy is an action for partition under Rule 69 of the ROC, the division of the common property. (Acabal v. Acabal, G.R. No. 148376, 31 Mar. 2005)

Question 9

Partition: Effects of Partition

Answer 9

1. It confers upon the co-owner exclusive title over the property adjudicated to him (Art. 1091, NCC); and
2. Possession of the co-owner over the property adjudicated to him shall be deemed exclusive for the period during which the co-possession lasted. (Art. 543, NCC) In other words, it is deemed continuous.

Question 10

Partition: Rule in case the co-owners cannot agree in the partition

Answer 10

1. If realty is involved, an action for partition (Rule 69, ROC) against the co- owners may be filed; and
2. In case of personalty and actual partition could not be made, it may be sold under the discretion of the court and the proceeds be divided among the owners after deducting the necessary expenses.