Responsibilities of co-owners of property
DearPAO, Normaallowedmetobuildahouseonthe landthatsheandherbrotherTomasinherited parents.WhenTomas returnedtothecountry lastmonth,heopposed theconstructionofthe house.Tomasclaimed thathisconsentshould havebeenobtainedbecause theownersofsaidproperty.Ishecorrect?
Jasper
Dear Jasper,
Co-ownership exists between Norma and her brother Tomas involving the estate left by their parents. The following provisions on co-ownership under the New Civil Code of the Philippines may help you understand the responsibilities of every co-owner:
“Art. 486. Each co- owner may use the thing owned in common, provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the coownership or prevent the other co- owners from using it according to their rights. The purpose of the co- ownership may be changed by agreement, express or implied.
“Art. 491. None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.”
It is very clear from the afore- cited provisions that the use of the thing owned in common has certain limitations. One of these is that no alterations on the thing shall be made without the consent of the other co- owners. This limitation was explained in the decision of the court titled Cruzvs.Catapang ( GR 164110, Feb. 12, 2008), where the Supreme Court speaking through Associate Justice Leonardo Quisumbing stated:
“Article 486 states each co- owner may use the thing owned in common provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co- ownership or prevent the other co- owners from using it according to their rights. Giving consent to a third person to construct a house on the co- owned property will injure the interest of the co- ownership and prevent other co- owners from using the property in accordance with their rights.
“Under Article 491, none of the co- owners shall, without the consent of the others, make alterations in the thing owned in common. It necessarily follows that none of the co- owners can, without the consent of the other co- owners, validly consent to the making of an alteration by another person, such as respondent, in the thing owned in common. Alterations include any act of strict dominion or ownership and any encumbrance or disposition has been held implicitly to be an act of alteration. The construction of a house on the co- owned property is an act of dominion. Therefore, it is an alteration falling under Article 491 of the Civil Code. There being no consent from all co- owners, respondent had no right to construct her house on the co- owned property.”
Applying the above-quoted decision in your situation, the house that you built on the land owned in common by Norma and Tomas is considered as an alteration. Tomas, therefore, is correct in his statement that his consent should have been obtained before building the house on the land that he and Norma inherited from their parents.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.