Philippine Bar review · Question

Practice question: Co-Ownership (See also RA 4726, as amended by RA 7899)

Multiple Choice Hard

Practice question

Four equal co-owners share a warehouse. Three approve demolishing its internal structure to convert it into a substantially different facility. The fourth objects. The three invoke the ordinary administrative majority. Assuming this is an alteration rather than preservation or ordinary administration, which rule applies?
  1. A majority always authorizes every alteration
  2. Article 491 requires the others' consent, with judicial relief available if withholding consent is clearly prejudicial to the common interest
  3. The minority automatically loses ownership
  4. The majority may disregard the objection if it promises a profit
  5. Article 491 applies only to movable goods

Legal references

  • Civil Code Articles 484–499: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.