What is co-ownership under the Philippine Civil Code?

Answer

Under Article 484 of the Civil Code, co-ownership exists when the ownership of an undivided thing or right belongs to different persons. Each co-owner holds a pro indiviso (ideal, undivided) share and has full ownership of that share, but the rights of all are limited by the obligation not to injure the interest of the co-ownership or of the other co-owners.

A co-owner may freely sell, assign, or mortgage his ideal share without the consent of the others, but the alienation binds only the portion that may eventually be allotted to him upon partition (Article 493). He cannot, however, alienate a specific physical portion of the property, or the whole property, without the consent of all the co-owners.

Sources & further reading

• Civil Code Art. 484 — co-ownership defined
• Civil Code Art. 493 — a co-owner's share
• Full report: co-ownership & partition

Cases on this topic

• Antonio v. Alvaro
• Balo v. Court of Appeals
• Catindig v. Cervantes
• De Vera v. Manzanero
• Leng v. Tong
• Lopez v. Ilustre
• Oca v. Retes
• Quijano v. Amante

Related questions

• Can a co-owner demand partition of the property?