CO-OWNWERSHIP

1 co-owner can exercise ownership over the whole of the property. Other co-owners can't do anything to eject him, but they can do the same
but if rented out, A needs to pay rent (?)

just 1 of the co-owners may maintain action of ejectment without joining the others, whether as Plaintiff or Defendant

generic, basta for possession

indispensable party;
the others are not even necessary parties;
but action must have been filed ON BEHALF of the others

if action is only for exclusive benefit coz he's claiming exclusive ownership coz he repudiated co-ownership, the other co-owners will be indispensable parties

Partition or Legal Redemption

-> co-owners can buy back the ideal share sold to a third person/stranger

Court did not invalidate the contract of sale.

1 co-owner sold concrete portion Sale is valid.
Court just treated it as a sale of the ideal portion
1 co-owner sold entire property of the selling co-owner

Redemption is exercised after sale

No right of pre-emption before sale

30 days from written notice of the sale

mere actual must come from the vendor

notice is not (30d pd. will not run if came from vendee)
sufficient

no form required, basta in writing ang notice of sale

pwedeng copy of Deed of Sale
pwede ding copy of Summons
Prescription does not lie for 1 co-owner vs. another co-owner
Possession of 1 is not adverse Effective Repudiation:
Possession of 1 is for the benefit of all
except: 1) clear, unequivocal act of repudiation of co-
1) 1 co-owner repudiates co-ownership -> prescriptive period commences ownership
e.g. exclusive ownership

Acquisitive Prescription may be invoked: * Not if one of them will cause

10 yrs - w/ just title and in good faith the cancellation of tax declaration
30 yrs - in the names of all of them, to be
replaced by tax declaration in his
name only -> not effective repudiation,
Extinctive Presciption (STATUTE OF LIMITATIONS) unless coupled by some other acts
- may be used as defense
 like preventing others from gathering fruits,
-> 10 yrs. because the action that may be filed by the others is in the nature of implied trust, firewood, prohibiting others from entering
which expires after 10 yrs. from issuance of certificate of title
 filing an action for quieting of title against the
Agreement NOT to partition other co-owners -> clear act of repudiation
-> valid for a period not exceeding 10 yrs.
-> 20 yrs. if from donor/testator  cause cancellation of certificate of title to be
-> in the absence of agreement, action for partition can be demanded at any time replaced by certificate of title in the name of one
of them
Action for partition is imprescriptible
-> applicable only if co-ownership is still being recognized 2) must be duly communicated to all co-owners
-> if with effective repudiation, action for partition is, in reality,
an action for recovery of their ideal shares 3) evidence of repudiation & fact of notification
must be clear and convincing
Reconveyance based on implied trust is subject to
prescription of 10 yrs. 3 co-owners; 2 cancel certificate of title 4) concept of owner: NOTORIOUS
to be replaced by one in their name PUBLIC
co-owner 1: can i construct a house? PEACEFUL
co-owners 2&3: ok
this is not an act of
repudiation, because they allowed 1 to
construct
this is an IMPLIED
RECOGNITION of co-ownership among
the three of them