- Statute
- Civil Code
- Article
- Art. 493
- Topic
- CO-OWNERSHIP
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE III CO-OWNERSHIP
- Formerly
- Art. 399 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another person in its enjoyment, except when personal rights are involved. But the effect of the alienation or the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to him in the division upon the termination of the co-ownership. (399)
Intellegal Wiki · In plain terms
Each co-owner fully owns their ideal share and may sell, assign, or mortgage it, or substitute another in its enjoyment, without the other co-owners' consent. But the effect is limited to the seller's undivided share — it does not bind any specific portion of the property until partition. A co-owner can freely dispose of their share, but not of a definite part of the whole.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Nieves Navarro v. Zenaida Cayabyab Harris, the Supreme Court held: An extrajudicial partition that does not give the children equal shares is void (Article 980); but a co-owner's sale is valid with respect to her proportionate pro indiviso share (Article 493).
One leading Supreme Court case applying this provision.
Cases applying this article
- Nieves Navarro v. Zenaida Cayabyab Harris
- Reynaldo Reyes v. Sps. Wilfredo
- Norma C. Magsano v. Pangasinan Savings
- Heirs of Cayetano Pangan v. Spouses Rogelio Perreras
- Benjamin Coronel v. Florentino Constantino
- Nelson Nufable v. Generosa Nufable
- Marina Z. Reyes v. The Honorable Alfredo B. Concepcion
- Mactan-Cebu International Airport Authority v. Richard E. Unchuan
Other Supreme Court decisions also apply this article.