Co-ownership

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 ______ unless the contrary is proved

• equal

• void

• default

• exempted

Art. 490. Whenever the different stories of a house belong to different owners, if the titles of (a)   do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (use capital letter)

490 (2)

In a 2 story Building, Both owners has an existing common sanitary system draiange, Owner 1 who's located at Ground floor where the main sanitary system is locate permanently resides that floor. Meanwhile Owner 2 who's located at second floor, but only visits twice a year. After years, The building experience clogging in the main sewer system. caused by unmaintained sanitary system in second floor. Who'll be responsible for the the expense of repairs

• Owner 1

• Owner 2

• Both owners

Article 491: In a certain building, Owner 1 owns 40% of the property while Owner 2 owns 30% and Owner 3 owns the 30% of the property. Owner 1 decided to renovate or alter an area, common to all. Owner 3 and 2 agreed to the Renovation of the property, while Owner 1 disagreed. Will the alteration or renovation will proceed?

• Yes Because 2 of them agreed

• No because Owner 1 owns bigger percentage of ownership to the property

• No, because one of the 3 disagreed

Art. 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the (a)   of the co-owners shall be binding.

Art. 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.

Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ____years, shall be valid. This term may be extended by a new agreement.

• 12

• 15

• 10

• 8

Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be ___________in accordance with Article 498. (401a)

• suspended

• retracted

• terminated

Art. 496. ________may be made by agreement between the parties or by judicial proceedings. _________ shall be governed by the Rules of Court insofar as they are consistent with this Code. (402)

(a)  

Art. 497. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. But they cannot impugn any partition already executed, unless there has been ____, or in case it was made notwithstanding a formal opposition presented to prevent it, without prejudice to the right of the debtor or assignor to maintain its validity. (403)

• void

• scam

• fraud

Art. 501. Every co-owner shall, after partition, be ______ for defects of title and quality of the portion assigned to each of the other co-owners. (n)

• responsible

• liable

• assigned