STUDY GUIDE : CO-OWNERSHIP, Arts.

484 - 490

1. Define Co-ownership.
2. Is there is co-ownership when the different portions owned by different people are already
concretely determined and identifiable, even if not yet technically described?

3. Can a co-owner alienate his pro indiviso share in the co-owned property?
4. Will co-owner X lose his part of ownership of a co-owned property if his co-owner Y mortgaged
the co-owned property, including the share of X without X´s knowledge and consent?

5. Can a co-owner validly lease his undivided interest to a third party?

6. What governs Co-ownership under Art. 484? What is the order of application?
7. How may co-ownership be created?
8. State 7 Characteristics of Co-ownership in short sentence/s.
9. Is co-ownership a juridical person?
10. How should the co-owners share in the benefits and charges relative to the property owned in
common?

11. Can co-owners validly stipulate in a contract a rule contrary to the rule above (#10)?
12. How does co-ownership arise, or what are the sources of co-ownership? State at least 5.
13. What is the general rule as to the use of the property owned in common? What are the
limitations?

14. If the co-owners litigate with respect to the property owned in common, are they required by law
to always litigate or sue in the name of the entire co-owners, or can they litigate in their
individual capacity as co-owners?

15. If co-heirs X, Y, Z co-owned a house for rent, and the lessee A failed to pay the rent for 3
months despite demand, can X, in his capacity as co-owner, file on his own an ejectment case
(for unlawful detainer) against lessee A?

16. Co-heirs X, Y, Z co-owned a 6 ha-land. After a year, X started occupying about 4 has. portion of
the land near the highway, as if his own - planting and building structures thereon without any
consent from Y or Z. Can Y or Z, or both, file an ejectment case against X? Why?

17. Can a co-owner compel other co-owners to share in the preservation expenses and taxes?

18. Is it required that before a co-owner incur preservation expenses and taxes, he must first notify
or obtain the consent of the other co-owners?

19. Are there ways by which a co-owner may exempt himself from paying his share in the
preservation expenses and taxes?

20. What are the requirements and/or limitations if a co-owner renounces his undivided share
equivalent to answer for his duty to share in the expenses and taxes?
a) If in favor of Creditor –
b) If in favor of Co-owners

21. What is the legal consequence if the co-owner/s who paid, or the creditor, refuses to accept a
co-owner’s offer to renounce his undivided rights as his share in the payment for the necessary
or preservation expenses?

1
22. Is mere refusal to pay the proportional share by a co-owner in the preservation or necessary
expenses, automatically considered as a renunciation of his undivided share to answer for his
duty to reimburse these expenses?

23. State the rule as to the number of co-owners who must consent:
a) Necessary Repairs, or Ejectment action -
b) Alterations or Acts of Ownership –
c) Useful improvements, administration, luxurious embellishments –

24. Can a co-owner proceed with the necessary or preservation expenses or repairs of the property
co-owned, even if majority of the co-owners opposed it?

a.) What are the options of the co-owner who wants to proceed with the necessary repairs to
avoid damage to the property co-owned?
b.) What are the options of the co-owner/s who are liable and are now deemed debtors to:
i. the co-owner who advanced the payment, or;
ii. to the other creditors such as repairmen, material owners

25. X, Y & Z co-owned a house made of wood and concrete. X requested Y & Z to contribute in the
termite treatment and/or replacement of the two load bearing wood post of their house. But Y &
Z opposed this, (despite constant prodding of X), believing that there is no urgency for the
expense yet. X cannot also go ahead with the treatment and repair as he does not have enough
money to pay for all expense. A month after, one of the posts went down causing the 2 nd floor
living room to tilt, glass cabinets full of crystal glass and plates and TV were broken. Who shall
now be liable to pay for –

a.) Repair/replacement of the 2 load bearing wood posts

b.) Repair costs of the floor of the living room (P5,000)
c.) Replacement or costs of the cabinets full of crystal glass and plates (P20,000)
d.) Replacement or cost of broken TV (P10,000)

Write a summary (in a sentence of two), the ruling of the Supreme Court in the following cases:

26. Mariano Adriano et al v. CA et al, GR 124118, Mar. 27, 2000

27. Tumlos v. Spouses Mario Fernandez, GR 137650, Apr. 12, 2000
28. De Guia v. CA, 413 SCRA 114, 2003
29. Mendoza v. Coronel, 482 SCRA 353

30. In case of a building where there are different stories belonging to different persons, is this still
considered as co-ownership? What are the rules with respect to contribution or sharing of
maintenance and necessary expenses, as to –

a.) Main walls, party walls, roof, main entrance door, sanitary works, common and other things
used in common
b.) Each Floor
c.) Stairs from entrance to different stories