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Co-Ownership Syllabus for Law Students

The document is a syllabus for a Property Law module covering co-ownership. It outlines 14 topics to be covered, including the definition of co-ownership, characteristics, sources, differences from partnership and easement, rights and obligations of co-owners regarding benefits, charges, necessary expenses, limitations on use, ejectment, alterations to property, acts of administration vs alterations, rights to demand partition or sale, and the Condominium Act. It provides over 10 legal cases as examples to illustrate various points regarding co-ownership under Philippine law.

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Mike Osorio
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10 views2 pages

Co-Ownership Syllabus for Law Students

The document is a syllabus for a Property Law module covering co-ownership. It outlines 14 topics to be covered, including the definition of co-ownership, characteristics, sources, differences from partnership and easement, rights and obligations of co-owners regarding benefits, charges, necessary expenses, limitations on use, ejectment, alterations to property, acts of administration vs alterations, rights to demand partition or sale, and the Condominium Act. It provides over 10 legal cases as examples to illustrate various points regarding co-ownership under Philippine law.

Uploaded by

Mike Osorio
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

University of San Carlos

School of Law
First Semester, A.Y. 2020-2021
SYLLABUS on PROPERTY
Prof: Atty. Maricris Bathan-Lasco, CPA

READING ASSIGNMENT FOR MODULE 4:

CO-OWNERSHIP (Arts. 484-501)

I. Definition
II. Requisites
III. Characteristics
IV. Disputed portion/portions already concretely determined
a. Si vs. Court of Appeals (G.R. No. 122047. October 12, 2000)
b. Heirs of M. Cabal vs. Spouses L. and R. Cabal (G.R. No. 153625. July 31, 2006)
V. Sources of Co-ownership
VI. Co-ownership vs. Partnership
VII. Co-ownership vs. Easement
VIII. Share of Co-owners in benefits and charges (Art. 485)
a. Necessary Expenses (Art. 488)
b. Renunciation by a Co-Owner of his Share in the Co-Ownership
IX. Limitation on Co-owner’s right of use (Art. 486)
X. Ejectment
a. Navarro vs. Escobido (G.R. No. 153788. November 27, 2009)
b. Plasabas vs. Court of Appeals (G.R. No. 166519. March 31, 2009)
c. Adlawan vs. Adlawan (G.R. No. 161916. January 20, 2006)
d. De Guia vs. Court of Appeals (G.R. No. 120864. October 8, 2003)
XI. Different Stories of a House belonging to Different Owners
XII. Alterations of a Co-owned Property
a. Definition of Alteration
b. Necessity of Consent, Form
c. Liability
XIII. Acts of Administration and Better Enjoyment
a. Meaning
b. Vs. Alteration
c. Examples
d. Majority Rule
XIV. Rights of a Co-owner (Art. 493 and 494)
a. Nature of right of co-owner before partition
1. Bailon-Casilao vs. Court of Appeals (G.R. No. 78178. April 15, 1988)
2. Pamplona vs. Moreto (G.R. No. L-33187. March 31, 1980)
3. Del Campo vs. Court of Appeals (G.R. No. 108228. February 1, 2001)
b. Right to Demand Partition
1. Partition
i. Cruz vs. Cristobal (G.R. No 140422, August 7, 2006)
ii. Monteroso vs. Court of Appeals (G.R. No. 105608. April 30, 2008)
2. Exceptions
3. Prescription
i. Vda. De Alberto vs. Court of Appeals (G.R. No. L-29759. May 18, 1989)
ii. Bicarme vs. Court of Appeals (G.R. No. 51914. June 6, 1990)
iii. Pangan vs. Court of Appeals (G.R. No. L-39299. October 18, 1988)
iv. Fangonil-Herrera vs. Fangonil (G.R. No. 169356. August 28, 2007)
v. Vda. De Arceo vs. Court of Appeals (G.R. No. 81401. May 18, 1990)
4. Repudiation
i. Heirs of J. Reyes vs. Reyes (G.R. No. 158377, August 13, 2010)
ii. Heirs of F. Restar vs. Heirs of D.R. Cichon (G.R. No. 161720. November
22, 2005)
iii. Delima vs. Court of Appeals (G.R. No. 46296. September 24, 1991)
5. When Right to Demand Partition Not Available (Art. 495)
6. Action for Partition (Art. 496)
i. Ocampo vs. Ocampo (G.R. No. 150707. April 14, 2004)
7. Application of the Statute of Frauds
i. Maglucot-Aw vs. Maglucot (G.R. No. 132518. March 28, 2000)
8. Participation of Creditors and Assignees
9. Dealings with Third Persons
i. Sale of Indivisible thing co-owned to a third person
ii. Rights of third persons before partition
10. Obligations of Co-owners upon Partition
XV. The Condominium Act (R.A. No. 4726)
a. Salient Features

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