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    01 Co-Ownership of Land

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    AE KO
    - Jeacille, her father, and aunt inherited a 1 hectare farmland from Jeacille's grandparents. After her father and aunt passed away, her aunt sold her share of the land to Jeacille in 2000. - Jeacille's brother now wants to divide the entire 1 hectare equally between them, but Jeacille argues her aunt validly sold her share. - Philippine law allows co-owners to sell their undivided share of inherited property. Until partition, each co-owner exercises joint ownership over the entire property. Therefore, Jeacille's aunt could validly sell her share to Jeacille without their father's consent.

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    01 Co-Ownership of Land

    Uploaded by

    AE KO
    55 views3 pages
    - Jeacille, her father, and aunt inherited a 1 hectare farmland from Jeacille's grandparents. After her father and aunt passed away, her aunt sold her share of the land to Jeacille in 2000. - Jeacille's brother now wants to divide the entire 1 hectare equally between them, but Jeacille argues her aunt validly sold her share. - Philippine law allows co-owners to sell their undivided share of inherited property. Until partition, each co-owner exercises joint ownership over the entire property. Therefore, Jeacille's aunt could validly sell her share to Jeacille without their father's consent.

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    Law

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    01 Co-ownership of Land

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    - Jeacille, her father, and aunt inherited a 1 hectare farmland from Jeacille's grandparents. After her father and aunt passed away, her aunt sold her share of the land to Jeacille in 2000. - Jeacille's brother now wants to divide the entire 1 hectare equally between them, but Jeacille argues her aunt validly sold her share. - Philippine law allows co-owners to sell their undivided share of inherited property. Until partition, each co-owner exercises joint ownership over the entire property. Therefore, Jeacille's aunt could validly sell her share to Jeacille without their father's consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views3 pages

    01 Co-Ownership of Land

    Uploaded by

    AE KO
    - Jeacille, her father, and aunt inherited a 1 hectare farmland from Jeacille's grandparents. After her father and aunt passed away, her aunt sold her share of the land to Jeacille in 2000. - Jeacille's brother now wants to divide the entire 1 hectare equally between them, but Jeacille argues her aunt validly sold her share. - Philippine law allows co-owners to sell their undivided share of inherited property. Until partition, each co-owner exercises joint ownership over the entire property. Therefore, Jeacille's aunt could validly sell her share to Jeacille without their father's consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Co-ownership of land

    BY PERSIDA ACOSTA
    MAY 10, 2019

    Dear PAO,
    My father and his sister Jean inherited a one-hectare farmland from
    their parents. My father died in 2002 and my Aunt Jean died single in
    2003. In 2000, Aunt Jean sold her share to me. In 2004, I occupied an
    area of almost 5,000 square meters and built a building on it. My only
    brother communicated to me his desire to divide the land equally
    between us. I told him that we could not equally divide the whole
    hectare because Aunt Jean sold her share to me. I presented to my
    brother the deed of absolute sale that Aunt Jean and I signed, but he
    insisted on his claim and said that the sale was invalid because our
    father did not give his consent to the sale. Is my brother correct?
    Jeacille

    Dear Jeacille,
    In the absence of partition or division between your father and your
    aunt, a co-ownership exists on the farmland that they inherited from
    their parents. This is in consonance with Article 484 of the New Civil
    Code of the Philippines, which states that “there is co-ownership
    whenever the ownership of an undivided thing or right belongs to
    different persons.”
    Correlative thereto, Article 493 of the same code states:

    ADVERTISING
    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
    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 termination of the co-ownership.”
    Thus, your aunt may validly sell her proportionate share of 5,000
    square meters. In the case of Tabasondra, et al. vs Constantino, et al.
    (GR 196403, Dec. 7, 2016), the Supreme Court through Chief Justice
    Lucas Bersamin stated:

    “x. Under a co-ownership, the ownership of an undivided thing or


    right belongs to different persons. Each co-owner of property which is
    held pro indiviso exercises his rights over the whole property and may
    use and enjoy the same with no other limitation than that he shall not
    injure the interest of his co-owners. The underlying rationale is that
    until a division is made, the respective share of each co-owner cannot
    be determined and every co-owner exercises, together with his co-
    participants, joint ownership over the pro indiviso property, in
    addition to his use and enjoyment of the same.

    “Although the right of a heir over the property of the decedent is


    inchoate as long as the estate has not been fully settled and partitioned,
    the law allows a co-owner to exercise rights of ownership over such
    inchoate right. x:

    “In the instant case, Laurencia was within her hereditary rights in
    selling her pro indiviso share in Lot 2798. However, because the
    property had not been partitioned in accordance with the Rules of
    Court, no particular portion of the property could be identified as yet
    and delineated as the object of the sale. Thus, interpreting Article 493
    of the Civil Code providing that an alienation of a co-owned property
    ‘shall be limited to the portion which may be alloted to (the seller) in
    the division upon the termination of the co-ownership,’ the Court said:

    “…Pursuant to this law, a co-owner has the right to alienate his pro-
    indiviso share in the co-owned property even without the consent of
    the other co-owners. x”
    Applying the above-cited decision in your situation, your aunt validly
    sold to you her proportionate share of the farmland. Thus, your
    brother’s claim that she cannot sell her share without the consent of
    your father is without legal basis. You and your brother may divide
    equally the proportionate share (5,000 square meters) of your father.

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