CONTEXTO ESTADÍSTICO DEL ROBO DE AUTOMÓVILES
1. ESTUDIO DEL ESTADO DEL ARTE
1.3 ESTADÍSTICAS DE ROBOS DE AUTOMÓVILES
(1) May exercise this in case the shares of other co-owners are sold to a third person
(2) If 2 or more co-owners wish to exercise this right, redemption will be made in proportion to their share in the thing Note: Rules on Co-Ownership does not apply to CPG or ACP.
(1) These are governed by the Family Code.
(2) Even void marriages and cohabitation of incapacitated persons are governed by FC 50, 147, and 148.
F. RULES
F.1. ON RENUNCIATION OF SHARE (DIFFERENT FROM RENUNCIATION OF CO-OWNERSHIP)
(1) Other co-owners may choose not to contribute to the expenses by renouncing so much of his undivided interest as may be equivalent to his share of the necessary expenses and taxes.
(2) Renunciation must be express; thus, failure to pay is not a renunciation of the right.
(3) Requires the consent of other co-owners because it is a case of dacion en pago (cessation of rights) involving expenses and taxes already paid. (J.B.L. Reyes) (4) Cannot renounce his share if it will be
prejudicial to another co-owner.
F.2. REPAIRS FOR PRESERVATION
(1) First, notify other co-owners, as far aspracticable.
(2) Co-owner may advance expenses for preservation even without prior consent;
he is entitled to reimbursement.
F.3. EMBELLISHMENTS OR IMPROVEMENTS
(1) Notify co-owners of improvements and embellishments to be made.
If no notification is made, the co-owner who advanced the expenses will only have the right to be reimbursed if he proves the
necessity of such repairs and the reasonableness of the expenses.
Exception: If proven that had there been a notification, they could have hired another who would charge less or that they know of a store that sells the needed material at a cheaper price
The reimbursement will be limited to the amount that should have been spent had he notified the others, and the difference shall be borne by him alone.
(2) Decisions by the majority must be followed.
G. TERMINATION OR EXTINGUISHMENT
G.1. TOTAL DESTRUCTION OF THING OR LOSS OF THE PROPERTY CO-OWNED
Is there still co-ownership if a building is destroyed? Yes, over the land and the debris.G.2. MERGER OF ALL INTERESTS IN ONE PERSON
G.3. ACQUISITIVE PRESCRIPTION
By whom(1) A third person. [NCC 1106]
(2) A co-owner against the other co-owners.
Requisites for acquisitive prescription against co-owners [Adille v CA (1988)]:
(1) A co-owner repudiates the co-ownership;
(2) The act of repudiation is clearly made known to other co-owners;
(3) The evidence thereon is clear and conclusive; and
(4) The co-owner has been in possession thru open, continuous, exclusive and notorious possession of the property for the period required by law.
Note: there is a presumption that possession of a co-owner is NOT adverse
Registration under the Torrens system is constructive notice of title but it not sufficient notice of the act of repudiation. [Adille v CA]
G.4. PARTITION OR DIVISION
Procedure for Partition Governing rule: Rule 69 of the Rules of Court.
How: By agreement of parties or by judicial decree.
Form: Oral or Written (Statute of Frauds does not operate here because it is not a conveyance of property but a mere segregation or designation of which parts belong to whom)
The Rules of Court do not preclude agreements or settlements.
Action for Partition will determine:
(1) Whether or not the plaintiff is indeed a co-owner of the property
(2) How the property will be divided between the plaintiff and defendant.
Effects
(1) Confers exclusive ownership of the property adjudicated to a co-heir.
(2) Co-heirs shall be reciprocally bound to warrant the title to and the quality of each property adjudicated.
(3) Reciprocal obligation of warranty shall be proportionate to the respective hereditary shares of co-heirs.
(4) An action to enforce warranty must be brought within 10 years from the date the right accrues.
(5) The co-heirs shall not be liable for the subsequent insolvency of the debtor of the estate.
Unless partition is effected, each heir cannot claim sole ownership over a definite portion of the land. Heirs become the undivided owner of the whole estate. Until said partition, he cannot alienate a specific part of the estate.
UP LAW BOC PROPERTY CIVIL LAW
Until then, they can only sell their successional rights. [Carvaria v. CA]
Rights against individual co-owners in case of partition [NCC 497]
(1) The creditors are allowed to take part in the partition.
Reason for the rule: They own part of the interest of the co-owners who made the assignment or alienation.
Intervention of creditors and assignees
General Rule: Creditors may take part in the division. They need to establish the existence of the credit during co-ownership.
Exception: If the partition was already executed Exception to the exception: If there was fraud, or a previous formal opposition to the partition.
Rules on notice to creditors and assignees:
(1) The law does not expressly require previous notice to the creditors and assignees before a partition, but the right of creditors and assignees to take part in the division presupposes the duty to notify.
(2) If notice is not given, the partition will not be binding on them.
(3) Once notice has been given, it is the duty of creditors and assignees to intervene and make known their stand.
(a) If they fail, they cannot question the division made, except in cases of fraud.
(b) If they formulate a formal question, they can contest such partition
Partition in case co-owners cannot agree on the partition of an indivisible thing (NCC 498)
VII. Possession
The holding of a thing or the enjoyment of a right. [NCC 523]
A. CONCEPT OF POSSESSION
To possess, in a grammatical sense, means to have, to physically and actually occupy a thing, with or without right. [Sanchez Roman]
It is the holding of a thing or a right, whether by material occupation or by the fact that the thing or the right is subjected to the action of our will. [Manresa]
Possession includes the idea of occupation.
It cannot exist without it. (Exceptions: NCC 537)
It is an independent right apart from ownership. Ownership differs from possession in that an owner may validly convey the property itself while a possessor may not.
Right of possession
(jus possessionis) Right to possess (jus possidendi) Independent right Incident to ownership
B. ESSENTIAL REQUISITES OF POSSESSION
(1) Corpus possessionis: Holding (actual or constructive) of a thing or exercise of a right, if right is involved.
(a) General Rule: Possession and cultivation of a portion of a tract under claim of ownership of all is a constructive possession of all, if the remainder is not in adverse possession of another. [Ramos v.
Director of Lands (1918)]
(b) Doctrine of constructive possession applies when the possession is under title calling for the whole. It does not apply where possession is without title.
(2) Animus possidendi: Intention to possess (a) There is no possession if the holder
does not want to exercise the rights of a possessor.
(b) Implied from the acts of the possessor.
(c) May be contradicted and rebutted by evidence – to prove that the person who is in possession does not in fact exercise power or control and does not intend to do so.
C. DEGREES OF POSSESSION
(1) Mere holding or possession without title and in violation of the right of the owner (a) possession of a thief or usurper of land (b) Here, both the possessor and the
public know that the possession is wrongful.
(2) Possession with juridical title but not that of ownership
(a) e.g. possession of a tenant, depository agent, bailee trustee, lessee, antichretic creditor.
(b) This possession is peaceably acquired.
(c) This degree of possession will never ripen into full ownership as long as there is no repudiation of concept under which property is held.
(3) Possession with just title or title sufficient to transfer ownership, but not from the true owner
(a) e.g. possession of a vendee from a vendor who pretends to be the owner.
(b) This degree of possession ripens into full ownership by lapse of time.
(4) Possession with a just title from the true owner
(a) This is possession that springs from ownership.