APPLICABILTY OF ARTICLES TO GROWING CORPS,

ARTICLE CONDITION LANDOWNER PLANTER/SOWER

443 If planter acted in BF and fruits Becomes the owner of Right to refund for the
are already gathered the fruits but must necessary expenses (452)
reimburse the P for
the expenses in their
production, gathering
and preservation
449,452 If planter is in BF and fruits are not Becomes the owner of Loses what is planted/sown
yet gathered the fruit without without right to indemnity
paying for their value (449)

Right to refund for the

necessary expenses (452)
544, 546 If planter acted in GF(544, 546) Entitled to the fruits receive
before possession is legally
interrupted (i.e. ejectment
cases) (544)

Right to refund for the

necessary expenses and
retain premises until paid
(546)

BUILDER/PLANTER/SOWER/LANDOWNER/OWNER OF THE MATERIALS: Articles 447-456

ARTICLE CONDITION LANDOWNER OWNER OF THE MATERIAL
447 If LO acted in GF Becomes the owner of the Entitled to reimbursement
materials but he must pay for (provided he does not remove
their value them)

Entitled to removal (provided no

substantial injury is caused)
If LO acted in BF Becomes the owner of the Entitled to reimbursement and
materials but he must pay for damages (in case he chooses not to
their value PLUS damages remove)

Entitled to absolute right of

removal and damages (WON
substantial injury is caused)
447 If the OM acted in BF Exempted from Loses all rights to be indemnified
reimbursement, and entitled and liable for consequential
to consequential damages (as damages (as when the materials
when for instance, the are of an inferior quality)
materials are of inferior
quality)

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 455 If the OM acted in GF Subsidiarily liable for their Entitled to reimbursement from
(when three parties value in the event B in GF is 1. the B/P/S (since it was B/P/S
are involved – 455) insolvent who first made use of the
materials)
2. in case of insolvency on the part
of the B/P/S-the LO if he makes
use of the materials
Addtl: Suppose the LO YES, at the his expense
wants to return the If no damage has been made
materials instead of to the materials or they have
reimbursing their not been transformed
value
NO, If damage has been made
or there has been a
transformation

Addtl Suppose LO builds a OM has the right of action against

house on his land 3P since it was the latter who
using the materials benefited from the accession
of OM and later sells
the house and lot to
3P
455 Suppose LO Subsidiarily liable Entitled reimbursement from LO
appropriate the
improvement, if B
acted in GF and is
insolvent
455 If B acted in BF and is
LO will not be subsidiarily
insolvent ( liable since B is in BF
Suppose B acted in Art 449, 450,451,452 will B cannot ask reimbursement from
BF v LO, pay OM apply LO
Suppose B acted in Art 448 will apply B can ask for reimbursement from
GF v LO, pay OM LO when the latter choose to
appropriate the improvement
Landowner makes use of the materials only if he appropriates the improvement.

If he compels the builder to purchase the land or to demolish the improvement, the LO does not make
use of the materials hence he cannot be held subsidiarily liable

ARTICLE CONDITION LANDOWNER BUILDER/PLANTER/SOWER

448 LO and B/P acted in LO may choose either to:
GF  Appropriate the Right to reimbursement for the
improvement upon value of the improvement (if LO
payment of proper choose to appropriate the
indemnity improvement)
 Compel the builder to
buy the land
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 546 Right to refund for the necessary
expenses and retain premises until
paid (546)
Addtl if value of the land is Pay reasonable rent
considerably more
than the value of the
house
Addtl When it is Select the second alternative
impractical for the which is the “compulsory
LO to appropriate sale
the improvement
(balcony)
Addtl Ïf after having Has the right to demolition Must remove the improvement
selected the
compulsory sale and He becomes indebted Must vacate the land and pay
the builder fails to monetarily if he choose to rentals until he does so
pay for the value of appropriate the
the land improvement,

Failure to pay may result in

execution
449, 451 If the B/P/S acted in LO may appropriate the Loses what is planted/sown
BF improvement without without right to indemnity (449)
paying any indemnity for its
value or expenses (449,
entitled to damages (451)
450, 451 Demand demolition of the
improvement to replace
things to its former condition
at the expense of the B/P/S
(450),
entitled to damages (451)

Compel the builder to buy

the land WON the value of
the land is considerably
more than the value of the
improvement (450),
entitled to damages (451)
452 But with obligation to pay Right to refund for the necessary
the necessary expenses not expenses (452)
of the improvement but of
the land (452)
When three parties Can ask for damages from
are involved both
OM and B/P/S acted Art 449, 450,451,452 will
in BF, LO in GF apply

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 If the OM has been Art 449, 450,451,452 will B losses the improvement w/o right
paid by the B, B apply to indemnity but entitled to
acted in BF reimbursement for the necessary
expenses of preservation of the
land
If the OM has been May appropriate the Art 448 will apply
paid by the B, B improvement but he must
acted in GF pay for their value

RIGHT OF ACCESSION WITH RESPECT TO MOVABLE PROPERTY: Articles 466-475

ADJUNCTION MIXTURE SPECIFICATION
Involves at least 2 things Involves at least 2 things My involve only 1 thing (may be
more) but form is changed
As a rule, accessory follows As a rule, co-ownership results As a rule, accessory follows
principal principal
The thing joined retain their The things mixed or confused The new object retains or
nature may either retain or lose their preserves the nature of the
respective natures original object

ADJUNCTION: Owner of the Principal thing Owner of the Accessory thing

IN GOOD FAITH Acquires the accessory and pay Right to reimbursement for the
Art 466 the owner for its value value of the accessory
Owner of the Principal thing Pay for the value of the May choose either:
acted in BAD FAITH accessory plus damages; or Right to reimbursement of the
Art 470 deliver the accessory thing (even value of the accessory plus
if the principal thing may be damages’; or
damaged) plus pay for damages accessory be separated from the
principal plus damages (though
for this purpose it be necessary
to destroy the principal thing)
Owner of the Accessory thing is Lose the accessory and
IN BAD FAITH indemnify the owner of the
Art 470 principal thing for the damages
he may have suffered
Whenever the owner of the Right to indemnity either by: Right to indemnity either by:
material employed without his delivery a thing equal in kind and delivery a thing equal in kind and
consent (may be value; or value; or
principal/accessory) Art 471 payment the price as appraised payment the price as appraised
by experts by expert
Whenever things can be May demand for their May demand for their
separated without injury separation separation
Art 469
If the thing united (accessory) May demand its separation even
for the use, embellishment or though the thing (principal) to
perfection of the other which it has be incorporated
(principal), is much more may suffer injury

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 precious than the principal thing
Art 469
Determination as to which is Principal Accessory
Principal or Accessory thing
Art 467 To which the thing has been To which has been united as an
united ornament, or for its use or
Art 468 Greater value, greater volume, perfection
has greater merits
Art 468 In painting and sculpture, The board, metal, stone,
writings, printed matter, canvass, paper or parchment
engraving and lithographs
MIXTURE A B
By the will of their owners/ Acquire a right proportional to Acquire a right proportional to
By chance – not separable w/o the part belonging to him the part belonging to him
injury Art 472 (acted in GF) (co-ownership) (co-ownership)
If B is In bad faith Loses his material and is liable
Art 473 for damages
When cause by the negligence Liable for his culpa aquiliana and should pay for damages
SPECIFICATION Labor Materials
If the worker is in good faith Appropriates the new thing, but
Art 474 he must pay for the value of the
materials
If the material is more precious Appropriate the new thing but
than the new thing or is more he pays for the work; or
valuable Demand indemnity for the value
Art 474 of the material
If the worker is in bad faith Appropriate the work without
Art 474 paying for the labor; or
Can demand payment for the
materials plus damages
If the value of the resultant work Appropriation is not an option
is more valuable for artistic or
scientific reasons
Art 474
NOTE: Art 475 - In the preceding articles, sentimental value shall be duly appreciated
RUINOUS BUILDING AND TREES AND TREES IN DANGER OF FALLING (482-483)
ARTICLE OWNER STATE/AUTHORITIES
482 Whenever a property is in danger of falling, If the owner of the property fails to comply,
the owner of the property mustr: the authorities may: (police power)
1. Demolish the property; 1. Order the demolition at the expense of
2. Execute the necessary work in order to the owner
prevent it from falling 2. Take measures to insure public safety
483 Whenever a large tree threatens to falls that If he fails to do so, it shall be done at his
will cause damage to property of another, the expense by the order of the authorities
owner is obliged to fell and remove it
The Compliant who brings the case must either:
1. Have his property adjacent to the dangerous property
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 2. Have to pass by necessity in the immediate vicinity

CO-OWNERSHIP (484-501)
ARTICLE PROVISION INTERPRETATION
484 There is co-ownership whenever the There is co-ownership:
ownership of an undivided thing or When an undivided thing or right belongs to two
right belongs to different persons. or more persons

In default of contracts, or of special What governs co-ownership?

provisions, co-ownership shall be  Contracts
governed by the provisions of this  Special law provisions
Title.  Provision of the title on co-ownership

How to co-ownership arises:

 By law
 By contract
 By chance
 By occupation or occupancy
 By succession or will

Co-ownership is terminated/ceased:
When the different portions owned by different
people are already concretely determined and
identifiable, even if not yet technically described
485 The share of the co-owners, in the share is proportional to the interest of each co-
benefits as well as in the charges, shall owner in the ff:
be proportional to their respective  Benefits (i.e. fruits)
interests. Any stipulation in a contract  Charges (i.e. taxes)
to the contrary shall be void.  Accretion or alluvium of the property
Contrary stipulation is VOID
The portions belonging to the co-
owners in the co-ownership shall be
presumed equal, unless the contrary is
proved.
486 Each co-owner may use the thing Grants each co-owner the right to use the
owned in common, provided he does property for the purpose intended.
so in accordance with the purpose for
which it is intended and in such a way Purpose alterable by express of implied
as not to injure the interest of the co- agreement provided:
ownership or prevent the other co-  The interest of the co-ownership must not be
owners from using it according to their injured or prejudiced; and
rights. The purpose of the co-  The other co-owners must not be prevented
ownership may be changed by from using it
agreement, express or implied.
487 Any one of the co-owners may bring an Co-owner may file an action against:
action in ejectment.  Third person

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 (Forcible Entry, Unlawful Detainer,  Co-owner who takes exclusive possession and
Accion Publiciane, Accion asserts exclusive ownership of the property
Reinvidicatoria, quieting of title,
replevin) Rationale:
The presumption is that the case instituted by one
was really in behalf of ALL.
488 Each co-owner shall have a right to  Each co-owner have a right to compel:
compel the other co-owners to  the others to share in the expenses of
contribute to the expenses of preservation (necessary expenses), even
preservation of the thing or right if it incurred without prior notification to
owned in common and to the taxes. them.
Any one of the latter may exempt  Even from the estate of a deceased co-
himself from this obligation by owner, provided no renunciation has been
renouncing so much of his undivided made.
interest as may be equivalent to his  However, a co-owner may exempt himself
share of the expenses and taxes. No from his duty to reimburse by RENOUNCING
such waiver shall be made if it is his undivided share proportionate to his share
prejudicial to the co-ownership. of the expenses and taxes (renouncing
CANNOT be done if the co-ownership will be
prejudiced)
 Mere refusal to pay, but no renunciation, the
creditors can still collect from the delinquent
co-owner.
 However, renunciation or waiver cannot be
made when it is prejudicial to the co-
ownership (if other co-owner does not have
enough money to cover all expenses)

What the renouncing requires:

1. If in favor of the creditor, creditor must give
his consent
2. If in favor of other co-owners (novation),
necessitating the consent of said co-owners
and of creditor
NOTE: creditor’s consent would be needed only if
the expenses have already been incurred,
otherwise, there would be no creditor.

489 Repairs for preservation may be made Number of co-owners who must consent:
at the will of one of the co-owners, but  Repairs, ejectment action – ONE (489)
he must, if practicable, first notify his  Alteration or acts of ownership – ALL (491)
co-owners of the necessity for such  All others, like useful improvement, luxurious
repairs. Expenses to improve or embellishments, administration and better
embellish the thing shall be decided enjoyment – FINANCIAL MAJORITY (489 &
upon by a majority as determined in 492)
Article 492.

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 If practicable, he must first notify his co-owners
prior to repairs, lack of notification:
 Co-owners are still liable for the repairs,
however, they can pay less than what is being
charged – had they been notified, they could
have helped look for cheaper labor and
materials
 The co-owner who neglected to make the
notification will pay for the difference
490 Whenever the different stories of a Rules among co-owners:
house belong to different owners, if 1. Proportionate contribution is required for the
the titles of ownership do not specify preservation of
the terms under which they should  The main walls;
contribute to the necessary expenses  The party walls;
and there exists no agreement on the  The roof; and
subject, the following rules shall be  The other things use in common
observed: 2. Each floor owner must bear the expenses of
his floor
(1) The main and party walls, the roof 3. Stairs are to be maintained from story to story,
and the other things used in common, by the users
shall be preserved at the expense of all  Entrance to 1st floor – all except owner of
the owners in proportion to the value GF
of the story belonging to each;  1st to 2nd – all except owner of GF and 1st

(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.
491 None of the co-owners shall, without Alteration or acts of ownership – need the consent
the consent of the others, make of ALL co-owners
alterations in the thing owned in
common, even though benefits for all Unanimous consent (express or implied):
would result therefrom. However, if  Implied or tacit consent may be given only for
the withholding of the consent by one the purpose of making the alteration legal
or more of the co-owners is clearly

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 prejudicial to the common interest, the  Express consent is needed to recover a share
courts may afford adequate relief. of expenses among from other co-owners

Effects when an alteration is made without the

express or implied consent of the other co-
owners:
 Co-owner responsible may lose what he has
spent
 Demolition can be compelled
 He would be liable for losses and damages
 In case a house is constructed on common lot,
all the co-owners will be entitled to a
proportionate share of the rent

492 For the administration and better Acts of Administration or Management

enjoyment of the thing owned in They are those: (all must concur)
common, the resolutions of the a. That do not involve an alteration;
majority of the co-owners shall be b. Those that may be renewed from time to time;
binding. c. Those that have transitory effects, that is, do
not bind the co-ownership for a long time in
There shall be no majority unless the the future;
resolution is approved by the co- d. Those that do not give rise to a real right over
owners who represent the controlling the thing owned in common;
interest in the object of the co- e. Those, which even if called an alteration, do
ownership. not affect the substance or nature of the
thing;
Should there be no majority, or should f. Those for the common benefit of all the co-
the resolution of the majority be owners and not for only one or some of them
seriously prejudicial to those
interested in the property owned in Limitations on the right of the Financial Majority:
common, the court, at the instance of 1. Before a decision is made, there should first
an interested party, shall order such be a notice to the minority so that they can
measures as it may deem proper, be heard
including the appointment of an 2. Except when the urgency of the case and the
administrator. difficulty of meeting them render
impracticable the giving of such notice
Whenever a part of the thing belongs 3. The minority may APPEAL to the court against
exclusively to one of the co-owners, the decision of the majority when:
and the remainder is owned in  There is not real majority
common, the preceding provision shall  The resolution is seriously prejudicial to
apply only to the part owned in the rights of an individual co-owner
common.  When the majority refuses to correct
abuse of administration or
maladministration
 When the minority is made the victim of
fraud
 When an alteration is agreed upon
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 4. Examples of acts seriously prejudicial
 When loans are made without sufficient
security
 When an encumbrance or disposition is
made since this would be an alteration
 When an abusive or inefficient
administrator is not replaced
493 Each co-owner shall have the full Same with ART. 1463
ownership of his part and of the fruits  Each co-owners have the full ownership of his
and benefits pertaining thereto, and he part and the fruits and benefits pertaining to
may therefore alienate, assign or it.
mortgage it, and even substitute  May alienate, assign, or mortgage his (ideal)
another person in its enjoyment, share
except when personal rights are
involved. But the effect of the Sale is valid only insofar as his share is concerned,
alienation or the mortgage, with unless the other co-owners consented to the sale.
respect to the co-owners, shall be
limited to the portion which may be
alloted to him in the division upon the
termination of the co-ownership.
494 No co-owner shall be obliged to remain GN:
in the co-ownership. Each co-owner  no co-owner is obliged to remain in the co-
may demand at any time the partition ownership.
of the thing owned in common, insofar  Each co owner may demand at any time
as his share is concerned. partition of a thing owned in common-
imprescriptible
Nevertheless, an agreement to keep  Agreement to keep the thing undivided should
the thing undivided for a certain period not exceed 10 years, may be extended
of time, not exceeding ten years, shall  Donor/testator may prohibit partition for a
be valid. This term may be extended by period which shall not exceed 20 yrs
a new agreement.  No prescription shall run in favor of a co-
owner against co-owner as long as co-
A donor or testator may prohibit ownership continues to be recognized by the
partition for a period which shall not other owners
exceed twenty years.
Co-owner may not successfully demand a
Neither shall there be any partition partition:
when it is prohibited by law.  If by agreement partition is prohibited
 If prohibited by a donor or testator
No prescription shall run in favor of a  Prohibited by law – conjugal partnership
co-owner or co-heir against his co- property
owners or co-heirs so long as he  When a physical partition would render the
expressly or impliedly recognizes the property unserviceable
co-ownership.  When the legal nature of the common
property does not allow partition (party walls)

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 Prescription in favor of a co-owner against the
other co-owners may prosper under these
conditions:
 He must make known to the other co-owners
that he is definitely repudiating the co-
ownership and that he is claiming complete
ownership over the entire property
 The evidence of repudiation and knowledge
on the part of the others must be clear and
convincing
 The other requirements of prescription –
continuous, open, peaceful, public, adverse
possession
 The period of prescription shall start to run
only from such repudiation of co-ownership

495 Notwithstanding the provisions of the If physical partition is not practicable, co-
preceding article, the co-owners ownership may end under ART 498: property shall
cannot demand a physical division of be sold and the proceeds be distributed
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.
496 Partition may be made by agreement Law that governs partitions:
between the parties or by judicial  Civil code
proceedings. Partition shall be  Rules of court – Rule 69
governed by the Rules of Court insofar
as they are consistent with this How partition is effected:
Cocrede. 1. Extrajudicialy pursuant to an agreement
2. Judicially – rule 69
 Person desiring judicial partition of real estate
should set forth in his complaint the ff:
1. Nature and extent of his title
2. Adequate description of the real estate
3. Must join as defendants all the other
persons interested in the property
If parties are unable to agree upon the partition,
the court shall appoint not more than 3
competent and disinterested persons as
commissioners to make the partition

If physical partition is prejudicial (Art 498)

 Land will be given to one co-owner who
should reimburse the rest
 Unless one asks that a public sale be made
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  Partition made by the commissioners will not
be effective until approved by the Court
 Parties shall pay the costs including the
compensation of the commissioners
497 The creditors or assignees of the co- Creditors, during the existence of co-ownership,
owners may take part in the division of are allowed to participate in the partition
the thing owned in common and object proceeding.
to its being effected without their
concurrence. But they cannot impugn If he did not participate, he is not allowed to
any partition already executed, unless impugn a partition already executed unless:
there has been fraud, or in case it was a. He was defrauded; or
made notwithstanding a formal b. He has previously presented a formal
opposition presented to prevent it, opposition to prevent it
without prejudice to the right of the
debtor or assignor to maintain its Notice must be given to creditors and assignee.
validity.
ILLUSTRATION:
 If a co-owner sold his WHOLE share and
delivered same to his creditor – creditor now
has a real right over the property (he will now
participate as co-owner)
 If a co-owner sold only part of his share (or
even his entire share) but he has not yet
delivered same to his creditor – creditor will
only have personal right (he will participate as
assignee, A (will remain as co-owner and will
participate as such)
498 Whenever the thing is essentially Legal or juridical dissolution, how:
indivisible and the co-owners cannot a. First, give the whole to one co-owner who will
agree that it be allotted to one of them now be required to indemnify the rest
who shall indemnify the others, it shall b. If this is not agree upon, there must be a sale.
be sold and its proceeds distributed. Strangers are allowed to purchase.
499 The partition of a thing owned in Example:
common shall not prejudice third A,B, and C were co-owners of a parcel of land
persons, who shall retain the rights of mortgaged to M. if A,B, and C should physically
mortgage, servitude or any other real partition the property, the mortgage in M’s favor
rights belonging to them before the still covers all the three lots, which together,
division was made. Personal rights formerly constituted one single parcel. If A alone
pertaining to third persons against the had contracted an unsecured obligation, he would
co-ownership shall also remain in of course be the only one responsible.
force, notwithstanding the partition.
500 Upon partition, there shall be a mutual Effects of partition:
accounting for benefits received and a. Mutual accounting for benefits received;
reimbursements for expenses made. b. Mutual reimbursement for expenses;
Likewise, each co-owner shall pay for c. Indemnity for damages in case of negligence
or fraud

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 damages caused by reason of his d. Reciprocal warranty for:
negligence or fraud.  Defects of title (eviction)
 Quality (or hidden defects)
e. Each former co-owner is deemed to have had
exclusive possession of the part allotted to
him for the entire period during which the co-
possession lasted (543)
f. Partition confers upon each, the exclusive title
over his respective share

501 Every co-owner shall, after partition, How co-ownership is extinguished:

be liable for defects of title and quality a. Judicial partition
of the portion assigned to each of the b. Extrajudicial partition
other co-owners. c. When by prescription
(one co-owner has acquired the whole
property by adverse possession as against all
the others and repudiating unequivocally the
co-ownership of the other)
d. When stranger acquires by prescription the
thing owned in common
e. Merger in one co-owner
f. Loss or destruction
g. Expropriation
(here the indemnity will be distributed
accordingly)

Partition of a condominium project shall be made only upon showing:

a. That 3 yrs after damage or destruction to the project which render a material part thereof unfit for
its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its
damage or destruction; or
b. That damage or destruction to the project has rendered one-half or more of the units therein
untenable and that condominium owners holding in aggregate more than 30% interest in the
common areas are opposed to repair or restoration of the projects; or
c. That the project has been in existence in excess of 50 yrs, that it is obsolete and uneconomic, and
that condominium owners holding in aggregate more than 50% interest in the common areas are
opposed to repair or restoration or modelling or modernizing of the project; or
d. That the project or a material part thereof has been condemned or expropriated and that the
project is no longer viable, or that the condominium owners holding in aggregate more than 70%
interest in the common areas are opposed to continuation of the condominium regime after
expropriation or condemnation of a material portion thereof; or
e. That the conditions for such partition by sale set forth in the declaration of restrictions duly
registered in accordance with the terms of this Act, have been met.

Alteration is a change:
a. Which is more or less permanent;
b. Which changes the use (methaphysical) of the thing; and
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c. Which prejudices the condition of the thing or its enjoyment by the others
It is an act of ownership; may be material or metaphysical, and gives rise to a real right over the
property.

Example of Alterations:
1. Sale, donation, or mortgage, etc of the whole property
2. Sale, donation or mortgage, etc. of a part of the property but with definite boundaries (would result
to the subsequent partition)
3. A voluntary easement- alienation of a qualitative part of the enjoyment of the whole premises (691)
4. Lease of real property if
 The lease is recorded (registered)
 Or the lease is for more than one year (whether recorded or not)
5. Construction of a house on a lot owned in common
6. Any other act of strict dominion or ownership
7. Impliedly, contracts of long duration
TENANCY IN COMMON VS JOINT TENANCY
TENANCY IN COMMON JOINT TENANCY
This involves a physical whole. But there is an This also involves a physical whole. But there is no
ideal (abstract) division; each co-owner being the ideal (abstract) division; each and all of them own
owner of his own ideal share the whole thing
Each co-owner may dispose of his ideal or Each co-owner may not dispose of his own share
undivided share (without boundaries) without the without the consent of ALL the rest, because he
other’s consent really has no ideal share.
If co-owner dies, his share goes to his own heirs If a joint-tenant dies, his share goes by accretion
to the other joint-tenants by virtue of their
survivor-ship or jus accrecendi.
If a co-owner is a minor, this does not benefit the If one joint-tenant is under a legal disability (like
others for the purpose of prescription, and minority), this benefits the other against whom
prescription therefore runs against them prescription will not run.
CO-OWNERSHIP VS ORDINARY PARTNERSHIP
CO-OWNERSHIP CONJUGAL PARTNERSHIP
No legal personality Has legal or juridical personality
Created by contract or by other things Created by contract only (express or implied)
Purpose – collective enjoyment Purpose is profit
Agreement for it to exist for 10 years – valid. If There is no term limit set by the law
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 As a rule, there is mutual representation
Not dissolved by death or incapacity of co-owner Is dissolved by the death or incapacity of partner
Can dispose of his share without consent of others Cannot substitute another as partner in his place
without consent of the others
Profits must always depend on proportionate Profits may be stipulated upon
shares
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For Midterms
 CO-OWNERSHIP VS CONJUGAL PARTNERSHIP
CO-OWNERSHIP CONJUGAL PARTNERSHIP
May arise by an ordinary contract Arises only because of the marriage contract –
special contract
Sex of the co-owners is immaterial One must be a male, the other a female
Co-owners may be two or more Conjugal owners are always only two
Profits are proportional to respective interests Profits are generally 50-50 unless a contrary
stipulation is in a marriage settlement
Death of one does not dissolve the co-ownership Death of either husband or wife dissolves the
conjugal partnership
Generally all the co-owners administer Generally, the husband is the administrator
Co-ownership is discouraged by law Encouraged by law to provide for better family
solidarity

ALLUVIUM ACCRETION
soil deposited or added tp the lands adjoining the the process whereby the soil is deposited,
banks of rivers, and gradually received as an effect
of the current of waters,
applies only soil deposited on river banks applies to creeks, streams, rivers, lake
Requisites: Requisites:
 The deposit should be gradual and  That the deposit be gradual and
imperceptible; imperceptible;
 Cause if the current of the river;  That it resulted from the effects of the current
 Current must be that of a river; of the water; and
 The river must continue to exist;  That the land where accretion takes place is
 The increase must be comparatively little, and adjacent to the bank of river
not, for example, such as would increase the
area of the riparian owner land by over 150% Failure to register the acquired alluvial deposit by
accretion for a period of 50 years subjects said
It is not necessary, however: accretion to acquisition through prescription by
1. That the riparian owner should make an third persons.
express act of possession, the accession being
automatically his the moment the soil deposit
can be seen
2. That the riparian owner has completely paid
for the value of the riparian estate as long as
he has already the equitable or beneficial title
Caused by artificial means is prohibited and Accretions on bank of lake – owners of the state
penalized, unless made with the authorization of Accretions on bank of an island – owner of the
the Government island
Reason why alluvium is granted the riparian
owner:
1. To compensate him for the loss he may suffer
due to erosion or the destructive force of the
water and danger from flood;

Knixi Rose Cabus

UEP - CL
For Midterms
 2. To compensate him because the property is
subject to encumbrances and legal
easements;
3. The interests of agriculture require that the
soil be given to the person who is in the best
position to cultivate the same;
4. Since after all, it cannot be said with certainty
from whom the soil came, it may just as well
be logically given to him who can best utilize
the property

Knixi Rose Cabus

UEP - CL
For Midterms