LESSONS 9 and 10: Co Ownership

57

58

59
60

61

62
63

Cruz v. CA, 456

SCRA 165 [aliquot
share]
Diversified Credit
Corp. v. Rosado,
26 SCRA 470
[specific portion]
Punsalan v. Boon
Liat, 44 Phil 320
[occupancy]
Go-Bangayan v.
Bangayan, 700
SCRA 702
[marriage]
Navarro v.
Escobido, 606
SCRA 1 [recovery]
Sering v. Plazo,
166 SCRA 85
[attorney-in-fact]
Aguilar v. CA, 227
SCRA 472 [action
to compel sale]

64

Arambulo v.
Nolasco, 720
SCRA 95
[alienation]

65

Bailon-Casilao v.
CA, 160 SCRA 138
[sale]
Del Banco v. IAC,
156 SCRA 55
[judicial decree]

66

67

Pangan v. CA, 166

SCRA 375
[repudiation]

68

Rizal v. Naredo,
668 SCRA 114
[technical
description]

69

Sunset View
Condominium v.
Campos, 104
SCRA 84
[stockholder]
Limson v. Wack
Wack
Condominium, 14
Feb 2011
[common area]
Twin Towers v. CA
27 Feb 2003 [nonpayment of dues]

70

71

72

Far East Bank &

Trust Co. v.
Marquez, 465 Phil
276 (2004)
[HLURB]

Civil Code provides that no individual co-owner can claim title to any definite portion of the land or thing
owned in common until the partition thereof.
The sale is valid only with respect to his 1/22 share. The lone seller can be sued, not because he is a coowner, but because he had acted as if her were the exclusive owner
The words married to are merely descriptive of the civil status of the registered owner and does not
prove co-ownership. Without proof of actual contribution from either or both spouses, there can be no
ownership under Art.148.

Under Art. 487, any one of the co-owners may file an ejectment suit without the necessity of including
the other co-owners as co-plaintiffs. The provision covers all kinds of actions for recovery such as
forcible entry, unlawful detainer, accion publiciana, accion reivindicatoria, quieting of title, and replevin.
No co-owner shall be obliged to remain in the co-ownership, and that each co-owner may demand at
any time the partition of the thing owned in common insofar as his share is concerned. However, when
the thing is indivisible, adn the co-owners cannot agree that it be alloted to one of them who shall
indemnify the others, it shall be sold and proceeds accordingly distributed.
Article 493 of the Civil Code provides that each co-owner shall have full ownership of his part and of its
fruits and benefits pertaining thereto, and he may therefor alienate, assign, or mortgage it and even
substitute another person in its enjoyment, except when personal rights are involved. Jurisprudence
(Bailon-Casilao v. Court of Appeals) also supported this by ruling that even if a co-owner sells the whole
property as his, the sale will affect only his own share but not those of the other co-owners who did not
consent to the sale.

A co-owner cannot, without the conformity of the other co-owners or a judicial decree of partition issued
pursuant to the provision of Rule 69 of the Rules of Court adjudicate to himself in fee simple (sic) a
determinate portion of the lot owned in common, as his share therein, to the exclusion of other coowners. Also, when SC uses the word 'partition', it may be in its metaphysical or ideal sense (interests
or shares), not in its physical sense (demarcating determinate parts).
Gen Rule: As long as co-ownership is recognized, an action to compel partition is imprescriptible and
may be filed at any time against the actual possessor or any of the co-owners
Exception: For
prescription to arise, there must be a clear showing of repudiation [or adverse possession] and other coowners to be advised of the exclusive claim to the property in question
Requisites of Adverse Possession: (1) Trustee has performed unequivocal acts amounting to an ouster
of the cestui que trust (beneficiary of the estate held in trust),
(2) Such positive acts of repudiation had been made known to the cestui que trust, (3) Evidence should
be clear and convincing

(1) the buyer of a unit in a condominium acquires ownership over the unit only after he has paid in full
its purchase price. (2) the ownership of a condominium unit is the "separate interest" of the owner
which makes him automatically a shareholder in the condominium
The electrical main panel is considered as part of the common area and is therefore Wack Wack
Condominium's responsibility to maintain. Utilities are considered part of the common area even if
found within the unit itself.
Condominium Act, petitioners By-Laws and Master Deed expressly empower petitioner to promulgate
House Rule 26.3 (denies use of facilities upon defaulting on obligation to pay association dues.) Only
condominium facilities; does not extend to other matters such as: restriction on water/electricity use,
access to unit, etc.
Under PD 957, the mortgage of a subdivision lot or a condominium unit is void, if executed by a
property developer without the prior written approval of the Housing and Land Use Regulatory Board
(HLURB). That an encumbrance has been constituted over an entire property, of which the subject lot or
unit is merely a part, does not affect the invalidity of the lien over the specific portion at issue.

73

57

58

59

60

61

62

63

PNB v. Parayno
and Puerto Azul,
30 Jan 2013 [PD
957]
Cruz v. CA, 456
SCRA 165 [aliquot
share]
Diversified Credit
Corp. v. Rosado,
26 SCRA 470
[specific portion]
Punsalan v. Boon
Liat, 44 Phil 320
[occupancy]
Go-Bangayan v.
Bangayan, 700
SCRA 702
[marriage]
Navarro v.
Escobido, 606
SCRA 1 [recovery]
Sering v. Plazo,
166 SCRA 85
[attorney-in-fact]
Aguilar v. CA, 227
SCRA 472 [action
to compel sale]

64

Arambulo v.
Nolasco, 720
SCRA 95
[alienation]

65

Bailon-Casilao v.
CA, 160 SCRA 138
[sale]
Del Banco v. IAC,
156 SCRA 55
[judicial decree]

66

67

Pangan v. CA, 166

SCRA 375
[repudiation]

68

Rizal v. Naredo,
668 SCRA 114
[technical
description]
Sunset View
Condominium v.
Campos, 104
SCRA 84
[stockholder]
Limson v. Wack
Wack
Condominium, 14
Feb 2011
[common area]
Twin Towers v. CA
27 Feb 2003 [nonpayment of dues]

69

70

71

72

Far East Bank &

Trust Co. v.
Marquez, 465 Phil
276 (2004)
[HLURB]

Civil Code provides that no individual co-owner can claim title to any definite portion of the land or thing
owned in common until the partition thereof.
The sale is valid only with respect to his 1/22 share. The lone seller can be sued, not because he is a coowner, but because he had acted as if her were the exclusive owner
The words married to are merely descriptive of the civil status of the registered owner and does not
prove co-ownership. Without proof of actual contribution from either or both spouses, there can be no
ownership under Art.148.

Under Art. 487, any one of the co-owners may file an ejectment suit without the necessity of including
the other co-owners as co-plaintiffs. The provision covers all kinds of actions for recovery such as
forcible entry, unlawful detainer, accion publiciana, accion reivindicatoria, quieting of title, and replevin.
No co-owner shall be obliged to remain in the co-ownership, and that each co-owner may demand at
any time the partition of the thing owned in common insofar as his share is concerned. However, when
the thing is indivisible, adn the co-owners cannot agree that it be alloted to one of them who shall
indemnify the others, it shall be sold and proceeds accordingly distributed.
Article 493 of the Civil Code provides that each co-owner shall have full ownership of his part and of its
fruits and benefits pertaining thereto, and he may therefor alienate, assign, or mortgage it and even
substitute another person in its enjoyment, except when personal rights are involved. Jurisprudence
(Bailon-Casilao v. Court of Appeals) also supported this by ruling that even if a co-owner sells the whole
property as his, the sale will affect only his own share but not those of the other co-owners who did not
consent to the sale.

A co-owner cannot, without the conformity of the other co-owners or a judicial decree of partition issued
pursuant to the provision of Rule 69 of the Rules of Court adjudicate to himself in fee simple (sic) a
determinate portion of the lot owned in common, as his share therein, to the exclusion of other coowners. Also, when SC uses the word 'partition', it may be in its metaphysical or ideal sense (interests
or shares), not in its physical sense (demarcating determinate parts).
Gen Rule: As long as co-ownership is recognized, an action to compel partition is imprescriptible and
may be filed at any time against the actual possessor or any of the co-owners
Exception: For
prescription to arise, there must be a clear showing of repudiation [or adverse possession] and other coowners to be advised of the exclusive claim to the property in question
Requisites of Adverse Possession: (1) Trustee has performed unequivocal acts amounting to an ouster
of the cestui que trust (beneficiary of the estate held in trust),
(2) Such positive acts of repudiation had been made known to the cestui que trust, (3) Evidence should
be clear and convincing

(1) the buyer of a unit in a condominium acquires ownership over the unit only after he has paid in full
its purchase price. (2) the ownership of a condominium unit is the "separate interest" of the owner
which makes him automatically a shareholder in the condominium
The electrical main panel is considered as part of the common area and is therefore Wack Wack
Condominium's responsibility to maintain. Utilities are considered part of the common area even if
found within the unit itself.
Condominium Act, petitioners By-Laws and Master Deed expressly empower petitioner to promulgate
House Rule 26.3 (denies use of facilities upon defaulting on obligation to pay association dues.) Only
condominium facilities; does not extend to other matters such as: restriction on water/electricity use,
access to unit, etc.
Under PD 957, the mortgage of a subdivision lot or a condominium unit is void, if executed by a
property developer without the prior written approval of the Housing and Land Use Regulatory Board
(HLURB). That an encumbrance has been constituted over an entire property, of which the subject lot or
unit is merely a part, does not affect the invalidity of the lien over the specific portion at issue.

73

PNB v. Parayno
and Puerto Azul,
30 Jan 2013 [PD
957]