House construction on a co-owned property
Credit to Author: The Manila Times| Date: Fri, 01 Feb 2019 17:33:43 +0000
Dear PAO,
I am the second child of my parents. I have two siblings, an elder sister and a younger brother. My late parents owned a land located at Tagaytay City. My parents died without executing their last will and testament. I am thinking of constructing my house on the said lot. However, my younger brother wants to keep the property as it is since he is using the entire land for his business. It’s been 12 years since our parents passed away. Can I build my house on the entire land? If no, can I demand my share on the said property? Kindly enlighten me on this.
Agnes
Dear Agnes,
To answer your question, we shall refer to the provisions of the Civil Code of the Philippines:
“Article. 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. xxx
“Art. 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. Any stipulation in a contract to the contrary shall be void.
“The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary is proved. xxx xxx xxx
“Article 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 co-ownership or prevent the other co-owners from using it according to their rights. xxx xxx xxx
“Article 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may demand at any time the partition of the thing owned in common, insofar as his share is concerned. xxx xxx xxx
“Article 496. Partition may be made by agreement between the parties or by judicial proceedings. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. xxx xxx xxx” (Emphases supplied)
“Articles 1078 and 1085 of the said law likewise provide that the children of the deceased shall always inherit in equal shares, to wit:
“Article 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased.
“Article 1085. In the partition of the estate, equality shall be observed as far as possible, dividing the property into lots, or assigning to each of the co-heirs things of the same nature, quality and kind.” (Emphases supplied)
Applying Articles 1078 and 1085 of the Civil Code in your situation, you and your siblings are co-owners of the property you inherited from your parents. Hence, you cannot build your house on the entire land. As co-owners, you have equal shares on the property located at Tagaytay City.
Moreover, Article 494 of the same law provides that each co-owner may demand, at any time, the partition of the thing owned in common, insofar as his/her share is concerned. You and your siblings may now demand for partition of the property and may agree to divide the land among yourselves, or file an Action for Partition under Rule 69 of the Rules of Court if you cannot agree on partition.
We hope that we were able to answer your queries. Please be reminded that 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.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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