Ricca Joy M.

Resula
1950065
Property Law
Co-ownership, as defined under Article 484 of the New Civil Code, is when the
ownership of an undivided thing or right belongs to different persons. In cases of property
regime of unions without marriage, the special provisions under either Article 147 or Article 148
of the Family Code may be applied.
In the present case, Article 148 of the New Civil Code is applicable which states that "In
cases of cohabitation not falling under the preceding Article, only the properties acquired by both
of the parties through their actual joint contribution of money, property, or industry shall be
owned by them in common in proportion to their respective contributions. In the absence of
proof to the contrary, their contributions and corresponding shares are presumed to be equal."
Under its 2nd paragraph, if one of the parties is validly married to another, his or her share in the
co-ownership shall accrue to the absolute community or conjugal partnership existing in such
valid marriage.
The lot shall belong to the absolute community or conjugal partnership of Angela and
Michael for they have an existing valid marriage. The house on the other hand shall be divided
between Angelo and Angela, and shall be governed by the rules on co-ownership. However,
Angela’s share over the house will inure to the benefit of the conjugal partnership of Angela with
Michael
The ownership rights of the parties at present are as follow, to wit:
As for Michael, being Angela's lawful husband, he has an ownership right of 1/2 over the
land, and another 1/4 over the house built thereon. Since the land was bought by Angela while
she was still living with Michael, it forms part of their conjugal property. His ownership right
over the house is supported by the fact that the share of his wife shall accrue to the benefit of
their conjugal partnership existing in their legitimate marriage. Furthermore, since Angela owns
a 1/2 share over the house she built with Angelo, Michael will acquire 1/4 share thereof.
As for Angela, she has a 1/2 share over the land, and another 1/4 share over the house she
built with Angelo. It is pertinent to note that Angela and Angelo own the lot in common
proportion to their contribution in building the said house. However, noteworthy is the fact that
Angela’s share over the house shall redound to the benefit of her conjugal partnership with
Michael.
Lastly, as for Angelo, he only has a 1/2 share or a common proportion to his contribution
over the house he built together with Angela. Angelo acquires this ownership right since he is
not in bad faith for not knowing that Angela was married to Michael. He acquires no right over
the land for the same belongs to Michael and Angela's conjugal property.