RUINOUS BUILDING AND TREES

IN DANGER OF FALLING
Art 482 If a building, wall, column, or any
other construction is in danger of falling, the
owner shall be obliged:
1) To demolished it.
2) To execute the necessary work in order
to prevent it from falling.
If the proprietor does not comply with
this
obligation,
the
administrative
authorities may:
1) Order the demolition of the structure at
the expense of the owner
2) Take measures to insure public safety.
The Complainant
a) The complainant who brings the case
must either have his property adjacent
to the dangerous construction
b) Or must have to pass by necessity in the
immediate vicinity.
If the construction falls, the owner would
be liable for damages, as a general rule Art
2190

CO-OWNERSHIP

In default of the 1st, apply 2nd, in the

absence of the 2nd, apply 3rd.

Art 484 There is co-ownership whenever the

ownership of an undivided thing or right
belongs to different persons.

Sources of Co-ownership
a) By law

In default of contracts, or of special

provisions, co-ownership shall be governed by
the provisions of the title.
Notes: There is no co-ownership when the
different portions owned by different people
are already concretely determined and
identifiable, even if not yet technically
described.

Notes: If the actual contribution of a party is

not proved, there will be no co-ownership and
no presumption of equal shares.
b) By contract
c) By
chance
commixtion,confusion,hidden treasure

A co-owner does not lose his part

ownership of a co-owned property when his
share is mortgaged by another co-owner
without the formers knowledge and consent.

d) By occupation or occupancy this is

erroneous

A co-owner of an undivided parcel of

land is an owner of the whole, and over the
whole he exercises the right of dominion but he
is at the same time the owner of a portion
which is truly abstract.

Notes: Although in one sense, the co-heirs are

really co-owners, still in the exercise of the
right of legal redemption, the rule concerning
co-heirs [Art 1067] must apply, and not that
concerning co-owners.

Any co-owner may file an action under

Art 487 not only against a third person but also
against another co-owner who takes exclusive
possession and asserts exclusive ownership of
the property.

Kinds of Co-ownership

What governs co-ownership?

e) By succession or will

a) From the viewpoint of subject matter

1) Co-ownership of an undivided thing
2) Co-ownership of an undivided right;
like a lease right, inherited from a
deceased father

a) Contract
b) From the viewpoint of source
b) Special legal provisions
c) Provisions
ownership

of

the

Title

on

Co-

1) Contractual
co-ownership
[an
agreement not to divide for ten years
allowed Art 494]

2) Non-contractual co-ownership [if the

source is not a contract]
c) From the viewpoint of the rights of the
owners
1) Tenancy in common [or ownership in
common
or
just
co-ownership
contemplated Art 484]
2) Joint tenancy [also called joint
ownership]
TENANCY IN COMMON (Co-ownership)
1) This involves a physical whole. BUT
there is an IDEAL (abstract) division;
each co-owner being the owner of his
own ideal share.
2) Each co-owner may dispose of his ideal
or undivided share(without boundaries)
WITHOUT the others consent
3) If a co-owner dies, his share goes to his
own heirs.
4) If a co-owner is a minor, this does not
benefit the others for the purpose of
prescription, and prescription therefore
runs against them.

3) If a joint-tenant dies, his share goes by

accretion to the other joint-tenants by
virtue of their survivorship or jus
accrecendi
4) If one joint-tenant is under a legal
disability (like minority), this benefits the
other against whom prescription will not
run

7) A co-owner is in a sense a trustee for the

other co-owners. Thus, he may not
ordinarily acquire exclusive ownership of
the property held in common thru
prescription
Co-ownership Distinguished
Ordinary Partnership

from

an

Co-ownership
Characteristics of Co-ownership
1) There must be more than one subject or
owner

1)
2)
3)
4)

2) There is one physical whole divided into

IDEAL (undivided share) shares.
3) Each IDEAL share is definite in amount,
but is not physically segregated from the
rest.
4) Regarding the physical whole, each coowner must respect each other in the
common use, enjoyment, or preservation
of the physical whole. [Thus, a co-owner
cannot sell a definite [with boundaries]
part of the property.] The interest of the
others must indeed not be disregarded
(Art 486)

5)
6)
7)
8)

No legal personality
Created by contract or by other things
Purpose collective enjoyment
Agreement for it to exist for 10 years
valid [ if more than 10 years, the excess
is void ]
Note: 20 years is the maximum if
imposed by the testator or the donee of
the common property [Art 494]
As a rule, no mutual representation
Not dissolved by death or incapacity of
co-owner
Can dispose of his share without consent
of others
Profits
must
always
depend
on
proportionate shares [Art 485]

Ordinary Partnership

JOINT TENANCY
1) This also involves a physical whole. BUT
there is NO IDEAL (abstract) division;
each and ALL of them own the WHOLE
thing.
2) Each co-owner may not dispose of his
own share without the consent of ALL
the rest, because he really has NO IDEAL
share

5) Regarding the IDEAL share, each coowner holds almost absolute control
over the same. Thus, he is full owner of
his part, and of the fruits and benefits
thereof; and he may alienate, assign, or
mortgage it, but he cannot substitute
another person in its enjoyment, when
personal rights are involved [Art 493]
6) It is not a juridical person, i.e., it has no
juridical personality.

1) Has legal or juridical personality

2) Created by contract only (express or
implied)
3) Purpose is profit
4) There is no term limit set by the law
5) As a rule, there is mutual representation
6) Is dissolved by the death or incapacity of
partner
7) Cannot substitute another as partner in
his place without consent of the others
8) Profits may be stipulated upon

Co-ownership
Distinguished
Conjugal Partnership

from

1) Arises only because of the marriage

contract
2) One must be a male, the other a female
3) Conjugal owners are always only two
4) Profits are generally 50-50 unless a
contrary stipulated is in a marriage
settlement
5) Death of either husband or wife
dissolves the conjugal partnership
6) Generally, the husband is administrator
7) Encouraged by law to provide for better
family solidarity
Art 485 Share in benefits and charges
The share of the co-owners, in the benefits as
well as in the charges, shall be proportional
to
their
respective
interest.
Any
stipulation in a contract to the contrary
shall be void.
The proportion belonging to the coowners in the co-ownership shall be
presumed equal, unless the contrary is
proved.
Note: Each co-owner shares proportionately in
the accretion or alluvium of the property.
If a co-owner has paid the taxes to
prevent forfeiture of the common property for
tax delinquency, he could compel contribution
from his co-owners. But if he has not yet paid,
he cannot compel them to pay the overdue and
unpaid taxes to him himself, for after all, the
taxes are due, not to him, but to the
government.

owned in common, provided he does so in

accordance with the purpose for which it is
intended and in such a way as not to injure
the interest of the co-ownership or
prevent the other co-owners from using it
according to their rights. The purpose of the
co-ownership may be changed by agreement,
express or implied.

A co-owner has the right to compel the

others to share in the expenses of
preservation, even if incurred without prior
notification to them [since the expenses are
necessary] BUT he must notify if practicable
[Art 489]

Art 487 Any one of the co-owners may bring

an action in ejectment.

A co-owner nay exempt himself form this

duty
to
reimburse
by
REMOUNCING
[abandoning for the benefit of the others] so
much of his undivided share as may be
equivalent to his share of the expenses and
taxes

Note: Art 487 now allows a co-owner to bring

an action for ejectment which covers all kinds
of action for the recovery of possession
[forcible entry, unlawful detainer, accion
publiciana, accion reivindicatoria, quieting of
title, replevin], without the necessity of joining
all the other co-owners as co-plaintiffs,
because the said is deemed to be instituted for
the benefit of all
It is understood, of course, that the
action is being instituted for all, Hence, if the
co-owner expressly states that he is bringing
the case only for himself, the action should not
allowed to prosper.
Art 488 Each co-owner shall have a right to
compel the other co-owners to contribute to
the expenses of preservation of the thing or
right owned in common and to the taxes. Any
one of the latter may exempt himself from this
obligation by renouncing so much of his
undivided interest as may be equivalent to his
share of the expenses and taxes. No such
waiver shall be made if it is prejudicial to the
co-ownership.
Expenses for Preservation

Art 486 Right to use property owned in

common Each co-owner may use the thing

How the Co-owner May Exempt Himself

Note: The one renouncing DOES NOT

necessarily renounce his entire interest in the
co-ownership. FURTHER that the renouncing
cannot be done if the co-ownership will be
prejudiced
What are the Renouncing Requires
1) If the renouncing is in favor of the
creditor, said creditor must give his
consent [this is a case of adjudicacion en
pago or datio in solutum, where a debtor
gives something else in payment of his
debt]
2) If the renouncing is in favor of the other
co-owners, a novation [substitution of
debtor] would result necessitating the
consent of said other co-owners AND of
the creditors.
What Reimbursement Covers
Reimbursement covers only NECESSARY
EXPENSES, like those for the preservation of a
house in a ruinous condition and not for useful
improvements, even if the value of the

property is thereby increased, the purpose of

the co-ownership not being for profit.

the subject,
observed:

When Renunciation Cannot be Implied

(1) The main and party walls, the roof and the
other things used in common, shall be
preserved at the expense of all the owners in
proportion to the value of the story belonging
to each;

Renunciation cannot be implied by mere

refusal to pay the proportionate share. If there
is refusal to pay, but no renunciation, the
creditors can still collect from the delinquent
co-owner. Here, the other co-owners do not
have to intervene, for they are not the ones
prejudiced.
Art 489 Repairs for preservation may be
made at the will of one of the co-owners, but
he must, if practicable, first notify his coowners of the necessity for such repairs.
Expenses to improve or embellish the thing
shall be decided upon by a majority as
determined in article 492.
Number of Co-owners Who Must Consent
a) Repairs, ejectment action ONE [art
489]
b) Alterations or acts of OWNERSHIP ALL
[art 491]
c) All others, like useful improvements,
luxurious embellishment, administration
and better enjoyment FINANCIAL
MAJORITY (not numerical) [art 492 and
art 489]
Art 490 Whenever the different stories of a
house belong to different owners, if the titles of
ownership do not specify the terms under
which they should contribute to the necessary
expenses and there exists no agreement on

the

following

rules

shall

be
b) Each floor owner
expenses of his floor

(2) Each owner shall bear the cost of

maintaining the floor of his story; the floor of
the entrance, front door, common yard and
sanitary works common to all, shall be
maintained at the expense of all the owners
pro rata;
(3) The stairs from the entrance to the first
story shall be maintained at the expense of all
the owners pro rata, with the exception of the
owner of the ground floor; the stairs from the
first to the second story shall be preserved at
the expense of all, except the owner of the
ground floor and the owner of the first story;
and so on successively.
Note: Perpendicular
ownership

and

Horizontal

co-

RULES
a) Proportionate contribution is required for
the preservation of
1) The main walls
2) The party walls
3) The roof [this is really used by ALL]
and
4) The other things used in common

must

bear

the

c) Stairs are to be maintained from story to

story, by the users
Art 491 - None of the co-owners shall, without
the consent of the others, make alterations in
the thing owned in common, even though
benefits for all would result therefrom.
However, if the withholding of the consent by
one or more of the co-owners is clearly
prejudicial to the common interest, the courts
may afford adequate relief.
Alteration is a change
1) Which is more or less permanent
2) Which changes the use of the thing, and
3) Which prejudices the condition of the
thing or its enjoyment by the others.
[Alteration is an act of ownership; may
be material or metaphysical (change in
use); and gives rise to a real right over
the property owned in common
Examples of Alterations
a) Sale, donation or mortgage, etc. of the
whole property
b) Sale, donation or mortgage, etc. of a
part of the property but with definite
boundaries
c) A voluntary easement
d) Lease of real property if
1) The lease is recorded (registered)
2) Or the lease is for more than one
year (whether recorded or not)

e) The construction of a house on a lot

owned in common
f) Any other act of strict dominion or
ownership where any encumbrance or
disposition was held implicitly to be an
act of alteration
g) Implied, contracts of long duration
Note: The law requires UNANIMOUS consent
for alterations [express or implied]
Effect of an illegal alteration
a) The co-owner responsible may lose what
he has spent;
b) Demolition can be compelled;
c) He would be liable for losses
damages;

and

d) BUT whatever benefits the co-ownership

derives will belong to it
e) In case a house is constructed on
common lot, all the co-owners will be
entitled to a proportionate share of the
rent. [it is wrong to give all the person
who made the alteration and just let her
pay rent.
Art 492 For the administration and better
enjoyment of the thing owned in common, the
resolutions of the majority of the co-owners
shall be binding.
There shall be no majority unless the resolution
is approved by the co-owners who represent
the controlling interest in the object of the coownership.

Should there be no majority, or should the

resolution of the majority be seriously
prejudicial to those interested in the property
owned in common, the court, at the instance of
an interested party, shall order such measures
as it may deem proper, including the
appointment of an administrator.

c) He may even SUBSTITUTE

another
person in its enjoyment, except when
personal rights are involved

Whenever a part of the thing belongs

exclusively to one of the co-owners, and the
remainder is owned in common, the preceding
provision shall apply only to the part owned in
common.

Note: If a co-owner sells the entire common

property, the sale is valid only insofar as his
share is concerned, unless the other co-owners
consented to the sale.

Art 493 Each co-owner shall have the full

ownership of his part and of the fruits and
benefits pertaining thereto, and he may
therefore alienate, assign or mortgage it, and
even substitute another person in its
enjoyment, except when personal rights are
involved. But the effect of the alienation or the
mortgage, with respect to the co-owners, shall
be limited to the portion which may be allotted
to him in the division upon the termination of
the co-ownership.

d) He may exempt himself from necessary

expenses and taxes by renouncing part
of his interest in the co-ownership. [art
488]

When a co-owner sells his share to a

stranger, it is the stranger who should
participate in the partition, and not the original
co-owner, since the vendor has ceased to have
an interest in the co-ownership.
Art 494 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.

or

Nevertheless, an agreement to keep the thing

undivided for a certain period of time, not
exceeding ten years, shall be valid. This term
may be extended by a new agreement.

a) Each co-owner has FULL ownership of

his part, and if his share of the fruits and
benefits

A donor or testator may prohibit partition for a

period which shall not exceed twenty years.

Rights with respect to

PROPORTIONATE SHARE

the

IDEAL

b) And therefore, he may ALIENATE,

ASSIGN, or MORTGAGE his [ideal] share
[not one with boundaries]. This is of
course, without prejudice to the exercise
by the others of their right of LEGAL
REDEMPTION in the proper case.

Neither shall there be any partition when it is

prohibited by law.
No prescription shall run in favor of a co-owner
or co-heir against his co-owners or co-heirs so
long as he expressly or impliedly recognizes
the co-ownership.

When a Co-owner May not Successfully

Demand a Partition
a) If by agreement [for the period not
exceeding 10 years], partition is
prohibited
b) When partition is prohibited by the donor
or testator [for the period not exceeding
20 years] from whom the property
came
c) When partition is prohibited by law [as in
the case of the conjugal partnership
property]
d) When a physical partition would render
the property unserviceable, but in this
case, the property may be allotted to
one of the co-owners, who shall
indemnify the others, or it will be sold,
and the proceeds distributed.
e) When the legal nature of the common
property does not allow partition [like in
the case of party walls]
Prohibition to Partition because of an
Agreement
a) The period must not extent more than
10 years
b) If it exceeds 10 yrs, the stipulation is
valid only insofar as the 1st 10yrs are
concerned
c) There can be extension but only after
the original period has expired
d) After the 1st extension, there can be
another, and so on indefinitely, as long

as for each extension, the period of

10yrs is not exceeded.
Prescription in Favor of a
Against the other Co-owners

Co-owner

a) As a general rule, one co-owner cannot

acquire the whole property as against
the other co-owners. This why the others
can demand, as a rule, partition at any
time.
b) If, however, certain requirements are
complied with, a co-owner can become
the exclusive owner of the others share
by prescription

not be considered adverse insofar as coowners are concerned

Art 495 Notwithstanding the provisions of
the preceding article, the co-owners cannot
demand a physical division of the thing owned
in common, when to do so would render it
unserviceable for the use for which it is
intended. But the co-ownership may be
terminated in accordance with article 498
Partition
Object

of

an

Essentially

Indivisible

a) a good example if this article would be

the partition of an automobile owned in
common

c) These conditions are:

1) He must make known to the other coowners
that
he
is
definitely
repudiating the co-ownership and
that he is claiming ownership over
the entire property
2) The evidence of repudiation and
knowledge on the part of the others
must be clear and convincing.
3) The
other
requirements
of
prescription continuous, open,
peaceful, public, adverse possession
for the period of time required under
the law must be present.
4) The period of prescription shall start
to run only from such repudiation of
co-ownership.
d) Acts which may be considered adverse
insofar as strangers are concerned, may

b) if to physically partition is not applicable,

the co-ownership may be end under Art
498.
Art 496 Partition may be made by
agreement between the parties or by judicial
proceedings. Partition shall be governed by the
Rules of Court insofar as they are consistent
with this Code.
Note: The law that governs partition. First, the
civil code; Second, Rule 69 of the rules of court
provides for the Partition
Art 497 The creditors or assignees of the coowners may take part in the division of the
thing owned in common and object to its being
effected without their concurrence. But they
cannot impugn any partition already executed,
unless there has been fraud, or 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 498 Whenever the thing is essentially

indivisible and the co-owners cannot agree that
it be allotted to one of them who shall
indemnify the others, it shall be sold and its
proceeds distributed

repudiating unequivocally the ownership

of the other

b) mutual reimbursement for expenses

c) indemnity for damages
negligence or fraud

in

case

of

d) reciprocal warranty for

Note: Partition of an Essentially Indivisible
Object. Example is an automobile.
Art 499 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. Personal rights
pertaining to third persons against the coownership shall also remain in force,
notwithstanding the partition.

real

and

personal

rights

are

Art 500 Upon partition, there shall be a

mutual accounting for benefits received and
reimbursements for expenses made. Likewise,
each co-owner shall pay for damages caused
by reason of his negligence or fraud.
Effect of Partition
a) mutual accounting for benefits received

e) merger in one co-owner

1) defects of title [eviction]

f) loss or destruction

2) quality [or hidden defects] Art 501

g) expropriation (here the indemnity will be

distributed accordingly)

e) each former co-owner is deemed to have

had exclusive possession lasted [Art
543]
f) partition confers upon each, the
exclusive title over his respective share

Protection of Third Persons Rights

Both
protected.

d) when a stranger acquires by prescription

the thing owned in common

Art 501 Every co-owner shall, after partition,

be liable for defects of title and quality of the
portion assigned to each of the other coowners.
How Co-ownership is Extinguished
a) judicial partition
b) extrajudicial partition
c) when by prescription, one co-owner has
acquired the whole property by adverse
possession as against all the others, and