Quieting of Title

Art 476 – 481

See also Rule 63 Rules of Court

Distinguish: quieting of title, action to remove a cloud, action to prevent a cloud

Heirs of Olviga v. CA (G.R. No. 104813; October 21, 1993)

Pingol v. CA (G.R. No. 102909; September 6, 1993)

Ruinous Buildings and Trees in Danger of Falling

Art 482 – 483

Co-ownership

Definition

Art 484

Characteristics

Gatchalian vs. Collector (G.R. No. 45425; April 29, 1939)

Diversified Credit vs. Rosado (G.R. No. L-27933; December 24, 1968)

Differentiate co-ownership from: joint tenancy; partnership

Sources of co-ownership

1. law
2. contract – see also Art 494
3. succession
4. chance – see also Siari Valley v. Lucasan, supra
5. occupation
 a. Punsalan v. Boon Liat (G.R. No. 18009; January 10, 1923)

Co-owner rights and obligations over the common property

1. Use thing according to its purpose

a. Art 486
b. Pardel v. Bartolome, G.R. No. L-4656. November 18, 1912

2. Share in the benefits

a. Art 485
3. Bring action in ejectment
a. Art 487
4. Compel co-owners to contribute to expenses for its preservation
a. Art 488 - 489
5. Oppose alteration and remedies
a. Art 491 – 492
6. Protect against prejudicial acts of the majority
a. Art 492 ¶ 3
b. See also Art 647, 1878 (8)
c. Cases:
i. Lavadia vs. Cosme (G.R. No. 47996; May 9, 1941)
ii. Melencio v. Dy Tiao Lay (G.R. No. 32047; November 1, 1930)
iii. Tuason vs. Tuason (G.R. No. 22510; February 6, 1925)
7. Exercise legal redemption
a. Art 1620 – 1623
b. Cases:
i. Mariano vs. CA (G.R. No. 101522; May 28, 1993)
ii. Reyes v. Judge Concepcion (G.R. No. 56550; October 1, 1990)
iii. Butte v. Uy G.R. No. L-15499. February 28, 1962
8. Ask for partition
 a. Art 494 – 498
b. Cases:
i. Ramirez vs. Ramirez G.R. No. L-22621. September 29, 1967
ii. Halili v. CA G.R. No. 113539; March 12, 1998
iii. Pilapil v. CA G.R. No. 55134. December 4, 1995
iv. Heirs of Maningding v. CA (G.R. No. 121157; July 31, 1997)

Co-owner rights over ideal share

1. Share in the fruits and benefits

2. Alienate, mortgage, or otherwise encumber and dispose of his ideal share
3. Substitute another in the enjoyment of thing (unless personal rights)
4. Renounce part of his interest to reimburse necessary expenses incurred by another co-owner - 486, 488

Effect of co-owner transaction

1. Limited to his share in the partition

2. Transferee does not acquire any specific portion
3. Creditors may intervene 497, 499
4. Sale or lease valid as to ideal shares but void as to specific portions

Aguilar v. CA (G.R. No. 76351. October 29, 1993)

Carvajal v. CA & Camarillo & Cacabelos – G.R. No. L-44426; February 25, 1982

Pamplona v. Moreto (G.R. No. L-33187; March 31, 1980)

Castro v. Atienza (G.R. No. L-25014; October 17, 1973)

Estoque v. Pajimula, (G.R. No. L-24419. July 15, 1968)

Diversified Credit v. Rosado (G.R. No. L-27933; December 24, 1968)

PNB v. CA G.R. No. L-34404. June 25, 1980

See also: Condominium Law (RA 4726 as amended by R.A. No. 7899)

Sunset View v. Campos, G.R. No. L-52361. April 27, 1981

Extinguishment of co-ownership

1. Total destruction
2. Merger of all interests
3. Acquisitive prescription
4. Partition 494
a. See also 1091, 543, 1092-1093, 499-501
b. See also Rule 69, Rules of Court