Q. Hi Atty. Rogie . Through your column, could you please give me an advice about my rights of a real properties that that I and my siblings have inherited from our parents. I know that as co-heirs, I am entitled to the share of the commercial property in the Philippines.
It is now my older sibling who is administering the property for so many years already. However, I have received any benefits from its income. Is this perhaps due to the fact that this property is still not subdivided and distributed individually to us siblings? Your advice is highly appreciated. Thank you and more power!!! Manolo
Ans.
Under the law on co-ownership, co-owners of certain property, particularly a real estate, is entitled to the fruits or income of the property even if the same is not yet partitioned or subdivided to each individual owners.
What is controlling is the fact of ownership that is already vested either by operation of law or by contract. I your particular case, you are entitled to receive your shares of whatever income that can be generated from the co-owned property. Of course, this also includes sharing in the maintenance and preservation expenses of the property.
More particularly, a co-owner has the following rights under the law:
1.The right to a proportionate share in the benefits as well as the charges to the co –ownership. Any agreement tot eh contrary is not valid. ( Art.485-Civil Code)
2. Right to use the thing owned in common, as long as it does not injure the interest of the co-ownership or prevent the other co-owners from using it. The purpose of the co-ownership may change by express or implied agreement of the parties. (Art. 486-Civil Code).
3. Any owner can initiate legal action for the ejectment of occupants in the co-ownership. (Art.487-Civil Code).
4.The right to compel the other co-owners to contribute to the expenses in the preservation of thing or right owned in common and to the taxes. (Art.488-Civl Code).
5. The right to compel co-owners to a pro-rata share in the necessary expenses and income as mentioned above.
6. Right to be notified before repairs for preservation shall be undertaken. ( Art.489-Civil Code).
7. The right to demand the partition of the real property at any time. As a rule no co-owner can be compelled to remain in the co-ownership.
8. The right to make alterations with the consent of the other co-owners. And the right to alienate, assigns, ,mortgage or substitute as regards the portion of his/her shares or ownership.
The above, among others , are just but a few of the rights of a co-owner under the law vis-à-vis your queries. Thank you for writing and best regards.