EULER KARL L.

DE GUZMAN
I. An ACTS OF ALTERATION is an which a co-owner, in opposition to the express
agreement, changes the thing from that state in which the others believe it should
remain from the use to which they wish it to be intended. While the ACTS OF
ADMINISTRATION is an act of repairing the thing owned in common for the
purpose of preserving it is not considered, therefore, as an act of administration.

II. Yes, the action will prosper.

According to the law, any acts of alteration must be authorized by all the owners of
such property. Acts of alteration is an act over a property that will changes its
nature and state.

In the case at bar, the law reuires the consent / authorization of all the owners of the
property and the fourth son disagree to such alteration.

Thus, the action of the fourth son will prosper.

III. Majority of the co-owners means that all owners must agree to same purpose.

In case of one co-owner desires to make improvement but cant acquire the consent
of the others, he/she can compel the erring co- owner to undo what has been done,
at the latter’s expense.

IV. Yes, the refusal is in accordance with the law.

According to the law, in cases that one spouse died the in an absolute community
property regime the common fund must fist be liquidated and distributed to the
surviving spouse and their children before disposition. The law intends to protect
the best interest of the child.

In the case at bar, the property of the spouses doesn’t become sole property of the
surviving spouse the share of the deceased spouse will allotted to their children.

Thus, liquidation is first required.

V. The law states that each co-owner may use the thing owned in common, 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.