Civil Law
Review
Lecture
Series
PROPERTY Part 1.2
Atty. Eduardo T.
Reyes, III
(For Fourth Year
Section-A ,
University of San Agustin
School of Law, General Luna Street,
Iloilo City, School
Year 2017-2018 Ist Semester)
Registered Lands
Query 1. The guarantee of the torrens law is that a property
which is covered by a torrens title could not be subject of prescription. Is
there a chance that a registered owner of property who has failed to recover
possession of his registered property, be permanently barred by prescription or
laches?
Doctrinal-ruling: “As
registered owners of the lots in question, the private respondents have a right
to eject any person illegally occupying their property. This right is
imprescriptible. Even if it be supposed that they were aware of the
petitioners occupation of the property, and regardless of the length of that
possession, the lawful owners have a right to demand the return of their
property at any time as long as the possession was unauthorized or merely tolerated,
if at all. This right is never barred by laches”. (Citations omitted)[1]
Contra-Ruling: “Likewise, it must be stressed that unlike prescription, laches
is not concerned merely with the fact of delay, but even more with the effect
of unreasonable delay. In Vda. de Cabrera v. CA, we
explained:
In our jurisdiction,
it is an enshrined rule that even a registered owner of property may be barred
from recovering possession of property by virtue of laches. Under the Land Registration Act (now the Property Registration
Decree), no title to registered land in derogation to that of the registered
owner shall be acquired by prescription or adverse possession. The same is
not true with regard to laches. As we have stated earlier in Mejia de
Lucas vs. Gamponia, while the defendant may not be considered as having
acquired title by virtue of his and his predecessors long continued possession
(37 years) the original owners right to recover x x x the possession of the
property and the title thereto from the defendant has, by the latters long
period of possession and by patentees inaction and neglect, been converted into
a stale demand.
The contention of
petitioner that her right to recover is imprescriptible because the property
was registered under the Torrens system also fails to convince
us. It was the finding of the trial court that the property was not yet
covered by a free patent on January 4, 1966, when Captain Villalba
acquired possession thereof. Indeed, the evidence shows that as of that
date, the documents relating to the property were still in the name of Pilar
Castrence, from whom petitioner purchased the property on April 27,
1966; that she applied for a free patent therefor between January 4 and
April 27, 1966; and that the original certificate of title over the lot
was issued to her under Free Patent No. (x-1) 3732 only on August 16,
1974.
It is apparent, then,
that petitioner sold the house and lot to respondent on January 4, 1966,
before she had even acquired the title to convey it. Moreover, she applied
for a free patent after she lost, by operation of law, the title she had
belatedly acquired from Castrence. These circumstances raise serious questions
over the formers good faith in delaying the assertion of her rights to the
property. They bar her from seeking relief under the principle that one
who comes to court must come with clean hands.” [2]
· It is no longer
good law that all cases for recovery of possession or accion publiciana lie
with the RTC, regardless of the value of the property.[3]
Article 434. In an action to
recover, the property must be identified, and the plaintiff must rely on the
strength of his title and not on the weakness of the defendant's claim. (n)
Article 435. No person shall be
deprived of his property except by competent authority and for public use and
always upon payment of just compensation.
Should this requirement be not first
complied with, the courts shall protect and, in a proper case, restore the
owner in his possession. (349a)
Article 436. When any property is
condemned or seized by competent authority in the interest of health, safety or
security, the owner thereof shall not be entitled to compensation, unless he
can show that such condemnation or seizure is unjustified. (n)
ARTICLE 437. The owner of a parcel of
land is the owner of its surface and of everything under it, and he can
construct thereon any works or make any plantations and excavations which he
may deem proper, without detriment to servitudes and subject to special laws
and ordinances. He cannot complain of the reasonable requirements of aerial
navigation. (350a)
Article 438. Hidden treasure
belongs to the owner of the land, building, or other property on which it is
found.
Nevertheless, when the discovery is
made on the property of another, or of the State or any of its subdivisions,
and by chance, one-half thereof shall be allowed to the finder. If the finder is
a trespasser, he shall not be entitled to any share of the treasure.
If the things found be of interest to
science or the arts, the State may acquire them at their just price, which
shall be divided in conformity with the rule stated. (351a)
Article 439. By treasure is
understood, for legal purposes, any hidden and unknown deposit of money,
jewelry, or other precious objects, the lawful ownership of which does not
appear. (35
Comments:
· If
A by chance unearths a diamond in its natural state, how would the same be
divided?
CHAPTER
2
Right of Accession
GENERAL PROVISIONS
Right of Accession
GENERAL PROVISIONS
Article 440. The ownership of
property gives the right by accession to everything which is produced thereby,
or which is incorporated or attached thereto, either naturally or artificially.
(353)
SECTION 1
Right of Accession with Respect to What is Produced by Property
Right of Accession with Respect to What is Produced by Property
Article 441. To the owner belongs:
(1) The natural fruits;
(2) The industrial fruits;
(3) The civil fruits. (354)
Article 442. Natural fruits are
the spontaneous products of the soil, and the young and other products of
animals.
Industrial fruits are those produced by
lands of any kind through cultivation or labor.
Civil fruits are the rents of buildings,
the price of leases of lands and other property and the amount of perpetual or
life annuities or other similar income. (355a)
Article 443. He who receives the
fruits has the obligation to pay the expenses made by a third person in their
production, gathering, and preservation. (356)
-
Compare with Art
449 which applies only if the crops have not yet been gathered.
Article 444. Only such as are
manifest or born are considered as natural or industrial fruits.
With respect to animals, it is sufficient
that they are in the womb of the mother, although unborn. (357)
SECTION 2
Right of Accession with Respect to Immovable Property
Right of Accession with Respect to Immovable Property
Article 445. Whatever is built,
planted or sown on the land of another and the improvements or repairs made
thereon, belong to the owner of the land, subject to the provisions of the
following articles. (358)
Comment:
Basic Principles of Accession Continua
(Accession Industrial)
a) To
the owner of the principal must belong also the accessions, in accordance
with the principle of “the accessory follows the principal”
b) The
union or incorporation must, with certain exceptions, be
effected in such a manner that to separate the principal from the accessory
would result in substantial injury to either
c) He
who is in good faith may be held responsible but he should not be penalized
d) He
who is in bad faith may be penalized
e) No
one should enrich himself unjustly at the expense of another
f) Bad
faith of one party neutralizes the bad faith of the other so both should be
considered in good faith.
Article 446. All works, sowing,
and planting are presumed made by the owner and at his expense, unless the
contrary is proved. (359)
Article 447. The owner of the land
who makes thereon, personally or through another, plantings, constructions or
works with the materials of another, shall pay their value; and, if he acted in
bad faith, he shall also be obliged to the reparation of damages. The owner of
the materials shall have the right to remove them only in case he can do so
without injury to the work constructed, or without the plantings, constructions
or works being destroyed. However, if the landowner acted in bad faith, the
owner of the materials may remove them in any event, with a right to be
indemnified for damages. (360a)
Article 448. The owner of the land
on which anything has been built, sown or planted in good faith, shall have the
right to appropriate as his own the works, sowing or planting, after payment of
the indemnity provided for in articles 546 and 548, or to oblige the one who
built or planted to pay the price of the land, and the one who sowed, the
proper rent. However, the builder or planter cannot be obliged to buy the land
if its value is considerably more than that of the building or trees. In such
case, he shall pay reasonable rent, if the owner of the land does not choose to
appropriate the building or trees after proper indemnity. The parties shall
agree upon the terms of the lease and in case of disagreement, the court shall
fix the terms thereof. (361a)
Comments:
1) Conflicts
of rights rule. Applies only when there is a conflict
2) “considerably
more”
3) Builder
and Planter v. Sower
4) Right
of Retention
5) Choice
Irrevocable
6) No
right of removal or demolition UNLESS after selected a compulsory sale, the
builder fails to pay for the land
7) Status
quo while Landowner cannot yet make a choice
8) Builder
in Bad faith not entitled to any form of reimbursement at all?
9) See
Crispin Aquino v. Sps. Eusebio Aguilar[4] : “Pursuant
to Art. 452 NCC, BBF is entitled to recoup necessary expenses for preservation
of the land”.
10) 2016 Bar exam question:
Pedro bought
a parcel of land described as Cadastral Lot No. 123 and the title was issued to
his name. Juan also bought a lot in the same place, which is described as
Cadastral Lot No. 124. Pedro hired a geodetic engineer to determine the actual
location of Lot No. 123 but for some reason, the engineer pointed to Lot No.
124 by mistake. Pedro hired a contractor to construct his house and the latter
put up a sign stating the name of the owner of the project and the construction
permit number. It took more than a year before the house was constructed. When
Pedro was already residing in his house, Juan told him to remove his house
because it was built on his (Juan's) lot.
Juan filed a
Complaint for Recovery of Possession and prayed that the house be removed
because Pedro is a builder in bad faith. Pedro filed his Answer with
Counterclaim that he is entitled to the payment of the value of the house plus
damages because he is a builder in good faith and that Juan is guilty of
estoppel and laches.
[a]
If Pedro is a builder in good faith, what are the rights given to Juan under
the law? Explain. (2.5%)
[b]
If Pedro is a builder in bad faith, what are the rights given to Juan under the
law? Explain. (2.5%)
Good Faith
involving Registered Lands:
· Torrens
Title serves as constructive notice to whole world of the ownership of the
registered owner of said property
· Exception: Co
Tao v. Chico (L-499167, April 30, 1968)[5]- No one, not even
a surveyor, can determine the precise location of his land by simply examining
his title.
Article 449. He who builds, plants
or sows in bad faith on the land of another, loses what is built, planted or
sown without right to indemnity. (362)
Article 450. The owner of the land
on which anything has been built, planted or sown in bad faith may demand the
demolition of the work, or that the planting or sowing be removed, in order to
replace things in their former condition at the expense of the person who
built, planted or sowed; or he may compel the builder or planter to pay the
price of the land, and the sower the proper rent. (363a)
Article 451. In the cases of the
two preceding articles, the landowner is entitled to damages from the builder,
planter or sower. (n)
Article 452. The builder, planter
or sower in bad faith is entitled to reimbursement for the necessary expenses
of preservation of the land. (n)
Article 453. If there was bad
faith, not only on the part of the person who built, planted or sowed on the
land of another, but also on the part of the owner of such land, the rights of
one and the other shall be the same as though both had acted in good faith.
It is understood that there is bad
faith on the part of the landowner whenever the act was done with his knowledge
and without opposition on his part. (364a)
Article 454. When the landowner
acted in bad faith and the builder, planter or sower proceeded in good faith,
the provisions of article 447 shall apply. (n)
Article 455. If the materials,
plants or seeds belong to a third person who has not acted in bad faith, the
owner of the land shall answer subsidiarily for their value and only in the
event that the one who made use of them has no property with which to pay.
This provision shall not apply if the
owner makes use of the right granted by article 450. If the owner of the
materials, plants or seeds has been paid by the builder, planter or sower, the
latter may demand from the landowner the value of the materials and labor.
(365a)
Article 456. In the cases
regulated in the preceding articles, good faith does not necessarily exclude
negligence, which gives right to damages under article 2176. (n)
Article 457. To the owners of
lands adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the current of the waters. (336)
Comment:
2016 Bar Exam Question
Benjamin is
the owner of a titled lot which is bounded on the north by the Maragondon
River. An alluvial deposit of two (2) hectares was added to the registered
area. Daniel took possession of the portion formed by accretion and claims that
he has been in open, continuous and undisturbed possession of said portion
since 1923 as shown by a tax declaration. In 1958, Benjamin filed a Complaint
for Quieting of Title and contends that the alluvium belongs to him as the
riparian owner and that since the alluvium is, by law, part and parcel of the
registered property, the same may be considered as registered property. Decide
the case and explain. (5%)
· Loss
by Alluvium Not Affected by Registration Under Land Registration Act
Article
458. The owners of estates adjoining ponds or lagoons do not acquire the
land left dry by the natural decrease of the waters, or lose that inundated by
them in extraordinary floods. (367)
Article 459. Whenever the current
of a river, creek or torrent segregates from an estate on its bank a known
portion of land and transfers it to another estate, the owner of the land to
which the segregated portion belonged retains the ownership of it, provided
that he removes the same within two years. (368a)
Article 460. Trees uprooted and
carried away by the current of the waters belong to the owner of the land upon
which they may be cast, if the owners do not claim them within six months. If
such owners claim them, they shall pay the expenses incurred in gathering them
or putting them in a safe place. (369a)
Article 461. River beds which are
abandoned through the natural change in the course of the waters ipso facto
belong to the owners whose lands are occupied by the new course in proportion
to the area lost. However, the owners of the lands adjoining the old bed shall
have the right to acquire the same by paying the value thereof, which value
shall not exceed the value of the area occupied by the new bed. (370a)
Comments:
· Requisites:
1. Change must be sudden; 2. Change must be more or less permanent; 3. Change
of course must be due to natural causes; there must be abandonment by
government; 4. River must continue to exist
· Abandonment
by Government
Article 462. Whenever a river,
changing its course by natural causes, opens a new bed through a private
estate, this bed shall become of public dominion. (372a)
Article 463. Whenever the current
of a river divides itself into branches, leaving a piece of land or part
thereof isolated, the owner of the land retains his ownership. He also retains
it if a portion of land is separated from the estate by the current. (374)
Article 464. Islands which may be
formed on the seas within the jurisdiction of the Philippines, on lakes, and on
navigable or floatable rivers belong to the State. (371a)
Article 465. Islands which through
successive accumulation of alluvial deposits are formed in non-navigable and
non-floatable rivers, belong to the owners of the margins or banks nearest to
each of them, or to the owners of both margins if the island is in the middle
of the river, in which case it shall be divided longitudinally in halves. If a
single island thus formed be more distant from one margin than from the other,
the owner of the nearer margin shall be the sole owner thereof. (373a)
SECTION 3
Right of Accession with Respect to
Movable Property
Article 466. Whenever two movable
things belonging to different owners are, without bad faith, united in such a
way that they form a single object, the owner of the principal thing acquires
the accessory, indemnifying the former owner thereof for its value. (375)
Article 467. The principal thing,
as between two things incorporated, is deemed to be that to which the other has
been united as an ornament, or for its use or perfection. (376)
Article 468. If it cannot be
determined by the rule given in the preceding article which of the two things
incorporated is the principal one, the thing of the greater value shall be so
considered, and as between two things of equal value, that of the greater
volume.
In painting and sculpture, writings,
printed matter, engraving and lithographs, the board, metal, stone, canvas,
paper or parchment shall be deemed the accessory thing. (377)
Article 469. Whenever the things
united can be separated without injury, their respective owners may demand
their separation.
Nevertheless, in case the thing united
for the use, embellishment or perfection of the other, is much more precious
than the principal thing, the owner of the former may demand its separation,
even though the thing to which it has been incorporated may suffer some injury.
(378)
Article 470. Whenever the owner of
the accessory thing has made the incorporation in bad faith, he shall lose the
thing incorporated and shall have the obligation to indemnify the owner of the
principal thing for the damages he may have suffered.
If the one who has acted in bad faith
is the owner of the principal thing, the owner of the accessory thing shall
have a right to choose between the former paying him its value or that the
thing belonging to him be separated, even though for this purpose it be
necessary to destroy the principal thing; and in both cases, furthermore, there
shall be indemnity for damages.
If either one of the owners has made
the incorporation with the knowledge and without the objection of the other,
their respective rights shall be determined as though both acted in good faith.
(379a)
Article 471. Whenever the owner of
the material employed without his consent has a right to an indemnity, he may
demand that this consist in the delivery of a thing equal in kind and value,
and in all other respects, to that employed, or else in the price thereof,
according to expert appraisal. (380)
Article 472. If by the will of
their owners two things of the same or different kinds are mixed, or if the
mixture occurs by chance, and in the latter case the things are not separable
without injury, each owner shall acquire a right proportional to the part
belonging to him, bearing in mind the value of the things mixed or confused.
(381)
Article 473. If by the will of
only one owner, but in good faith, two things of the same or different kinds
are mixed or confused, the rights of the owners shall be determined by the
provisions of the preceding article.
If the one who caused the mixture or
confusion acted in bad faith, he shall lose the thing belonging to him thus
mixed or confused, besides being obliged to pay indemnity for the damages
caused to the owner of the other thing with which his own was mixed. (382)
Article 474. One who in good faith
employs the material of another in whole or in part in order to make a thing of
a different kind, shall appropriate the thing thus transformed as his own,
indemnifying the owner of the material for its value.
If the material is more precious than
the transformed thing or is of more value, its owner may, at his option,
appropriate the new thing to himself, after first paying indemnity for the
value of the work, or demand indemnity for the material.
If in the making of the thing bad faith
intervened, the owner of the material shall have the right to appropriate the
work to himself without paying anything to the maker, or to demand of the
latter that he indemnify him for the value of the material and the damages he
may have suffered. However, the owner of the material cannot appropriate the
work in case the value of the latter, for artistic or scientific reasons, is
considerably more than that of the material. (383a)
Article 475. In the preceding
articles, sentimental value shall be duly appreciated. (n)
CHAPTER 3
Quieting of Title (n)
Article 476. Whenever there is a
cloud on title to real property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding which is apparently valid or
effective but is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title, an action may be brought
to remove such cloud or to quiet the title.
An action may also be brought to
prevent a cloud from being cast upon title to real property or any interest
therein.
Article 477. The plaintiff must
have legal or equitable title to, or interest in the real property which is the
subject matter of the action. He need not be in possession of said property.
Article 478. There may also be an
action to quiet title or remove a cloud therefrom when the contract, instrument
or other obligation has been extinguished or has terminated, or has been barred
by extinctive prescription.
Article 479. The plaintiff must
return to the defendant all benefits he may have received from the latter, or
reimburse him for expenses that may have redounded to the plaintiff's benefit.
Article 480. The principles of the
general law on the quieting of title are hereby adopted insofar as they are not
in conflict with this Code.
Article 481. The procedure for the
quieting of title or the removal of a cloud therefrom shall be governed by such
rules of court as the Supreme Court shall promulgated.
Comments:
· Does
the action to quiet title prescribe?
If plaintiff in possession – Imprescriptible
If plaintiff not in possession- Prescribes in
10 or 30 years depending on ordinary or extraordinary prescription. See Art
1134
CHAPTER 4
Ruinous Buildings and Trees in Danger of Falling
Ruinous Buildings and Trees in Danger of Falling
Article 482. If a building, wall,
column, or any other construction is in danger of falling, the owner shall be
obliged to demolish it or to execute the necessary work in order to prevent it
from falling.
If the proprietor does not comply with
this obligation, the administrative authorities may order the demolition of the
structure at the expense of the owner, or take measures to insure public
safety. (389a)
Article 483. Whenever a large tree
threatens to fall in such a way as to cause damage to the land or tenement of
another or to travelers over a public or private road, the owner of the tree
shall be obliged to fell and remove it; and should he not do so, it shall be
done at his expense by order of the administrative authorities. (390a)
TITLE III
CO-OWNERSHIP
CO-OWNERSHIP
Article 484. There is co-ownership
whenever the ownership of an undivided thing or right belongs to different
persons.
Comment:
· Co-ownership
v. corporation or partnership
· Can
a co-ownership sue as such?
In default of contracts, or of special
provisions, co-ownership shall be governed by the provisions of this Title.
(392)
Article 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 equal, unless the contrary is proved.
(393a)
Article 486. Each co-owner may use
the thing owned in common, provided he does so in accordance with the purpose
for which it is intended and in such a way as not to injure the interest of the
co-ownership or prevent the other co-owners from using it according to their
rights. The purpose of the co-ownership may be changed by agreement, express or
implied. (394a)
Article 487. Any one of the
co-owners may bring an action in ejectment. (n)
Comment;
· Presupposes
that the plaintiff recognizes the co-ownership. “Where the suit is for
the benefit of the plaintiff who alone claims to be the sole owner and entitled
to the possession of the litigated property, the action should be dismissed”[7].
Article 488. Each co-owner shall
have a right to compel the other co-owners to contribute to the expenses of
preservation of the thing or right owned in common and to the taxes. Any one of
the latter may exempt himself from this obligation by renouncing so much of his
undivided interest as may be equivalent to his share of the expenses and taxes.
No such waiver shall be made if it is prejudicial to the co-ownership. (395a)
Article 489. Repairs for
preservation may be made at the will of one of the co-owners, but he must, if
practicable, first notify his co-owners of the necessity for such repairs.
Expenses to improve or embellish the thing shall be decided upon by a majority
as determined in article 492. (n)
Article 490. Whenever the
different stories of a house belong to different owners, if the titles of
ownership 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:
(1) The main and party walls, the roof
and the other things used in common, shall be preserved at the expense of all
the owners in proportion to the value of the story belonging to each;
(2) Each owner shall bear the cost of
maintaining the floor of his story; the floor of the entrance, front door,
common yard and sanitary works common to all, shall be maintained at the
expense of all the owners pro rata;
(3) The stairs from the entrance to the
first story shall be maintained at the expense of all the owners pro rata, with
the exception of the owner of the ground floor; the stairs from the first to
the second story shall be preserved at the expense of all, except the owner of
the ground floor and the owner of the first story; and so on successively.
(396)
Article 491. None of the co-owners
shall, without the consent of the others, ma
·
QuQuery: May an alien
acquire a condominium under Philippine law?
REPUBLIC ACT NO. 4726 June 18, 1966
AN ACT TO DEFINE CONDOMINIUM, ESTABLISH
REQUIREMENTS FOR ITS CREATION, AND
GOVERN ITS INCIDENTS.
Sec. 1. The short title of this Act shall be
"The Condominium Act".
Sec. 2. A condominium is an interest in real
property consisting of separate interest in a unit in a residential, industrial
or commercial building and an undivided interest in common, directly or
indirectly, in the land on which it is located and in other common areas of the
building. A condominium may include, in addition, a separate interest in other
portions of such real property. Title to the common areas, including the land,
or the appurtenant interests in such areas, may be held by a corporation
specially formed for the purpose (hereinafter known as the "condominium
corporation") in which the holders of separate interest shall
automatically be members or shareholders, to the exclusion of others, in
proportion to the appurtenant interest of their respective units in the common
areas.
The real right in condominium may be
ownership or any other interest in real property recognized by law, on property
in the Civil Code and other pertinent laws.
Sec. 3. As used in this Act, unless the context
otherwise requires:
(a) "Condominium" means a
condominium as defined in the next preceding section.
(b) "Unit" means a part of the
condominium project intended for any type of independent use or ownership,
including one or more rooms or spaces located in one or more floors (or part or
parts of floors) in a building or buildings and such accessories as may be
appended thereto.
(c) "Project" means the entire
parcel of real property divided or to be divided in condominiums, including all
structures thereon,
(d) "Common areas" means the entire
project excepting all units separately granted or held or reserved.
(e) "To divide" real property means
to divide the ownership thereof or other interest therein by conveying one or
more condominiums therein but less than the whole thereof.
Sec. 4. The provisions of this Act shall
apply to property divided or to be divided into condominiums only if there
shall be recorded in the Register of Deeds of the province or city in which the
property lies and duly annotated in the corresponding certificate of title of
the land, if the latter had been patented or registered under either the Land
Registration or Cadastral Acts, an enabling or master deed which shall contain,
among others, the following:
(a) Description of the land on which the
building or buildings and improvements are or are to be located;
(b) Description of the building or buildings,
stating the number of stories and basements, the number of units and their
accessories, if any;
(c) Description of the common areas and
facilities;
(d) A statement of the exact nature of the
interest acquired or to be acquired by the purchaser in the separate units and
in the common areas of the condominium project. Where title to or the
appurtenant interests in the common areas is or is to be held by a condominium
corporation, a statement to this effect shall be included;
(e) Statement of the purposes for which the
building or buildings and each of the units are intended or restricted as to
use;
(f) A certificate of the registered owner of
the property, if he is other than those executing the master deed, as well as
of all registered holders of any lien or encumbrance on the property, that they
consent to the registration of the deed;
(g) The following plans shall be appended to
the deed as integral parts thereof:
(1) A survey plan of the land included in the
project, unless a survey plan of the same property had previously bee filed in
said office;
(2) A diagrammatic floor plan of the building
or buildings in the project, in sufficient detail to identify each unit, its
relative location and approximate dimensions;
(h) Any reasonable restriction not contrary
to law, morals or public policy regarding the right of any condominium owner to
alienate or dispose of his condominium.
The enabling or master deed may be amended or
revoked upon registration of an instrument executed by the registered owner or
owners of the property and consented to by all registered holders of any lien
or encumbrance on the land or building or portion thereof. The term
"registered owner" shall include the registered owners of
condominiums in the project. Until registration of a revocation, the provisions
of this Act shall continue to apply to such property.
Sec. 5. Any transfer or conveyance of a unit
or an apartment, office or store or other space therein, shall include the
transfer or conveyance of the undivided interests in the common areas or, in a
proper case, the membership or shareholdings in the condominium corporation: Provided, however, That where the common
areas in the condominium project are owned by the owners of separate units as
co-owners thereof, no condominium unit therein shall be conveyed or
transferred to persons other than Filipino citizens, or corporations at least
sixty percent of the capital stock of which belong to Filipino citizens, except
in cases of hereditary succession. Where the common areas in a
condominium project are held by a corporation, no transfer or
conveyance of a unit shall be valid if the concomitant transfer of the
appurtenant membership or stockholding in the corporation will cause the alien
interest in such corporation to exceed the limits imposed by existing laws.
X x x”
End
[1] Heirs of Jose Maligaso Sr v. Sps. Simon D. Encinas, G.R.
No. 182716, June 20, 2012
[2] Soliva v. Villalba, Ibid.
[4] G.R. No. 182754, June 29, 2015
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