- Statute
- Philippine Civil Code
- Article
- Art. 488
- Topic
- Co-Ownership
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE III CO-OWNERSHIP
- Formerly
- Art. 395a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. No such waiver shall be made if it is prejudicial to the co-ownership. (395a)
Intellegal Wiki · In plain terms
Each co-owner can require the others to chip in, in proportion to their shares, for the cost of preserving the common property and for its taxes. A co-owner who does not want to pay may instead give up enough of their undivided interest to cover their share of those costs, but this waiver is not allowed if it would harm the co-ownership.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Anselmo Taghoy v. Sps. Felixberto Tigol, Jr. G.R. No. 159665