Tuesday, April 21, 2009

REPUBLIC/MACTAN-CEBU INTERNATIONAL AIRPORT V. BALTAZAR (CIVIL)


The juridical condition of co-ownership of things or right is terminated by:
  1. the consolidation in only one of the owners of all the shares of the others;
  2. the destruction of the thing or the loss of the right (co-ownership);
  3. prescription in favor of a third person; and
  4. the partition which converts into certain and definite parts the respective undivided shares of the co-owners.

Here, it is clear that upon the sale of the lots by respondent's brothers and sisters to petitioner, the right of co-ownership among them ceased or was lost.

We have held that there is juridical dissolution of co-ownership when the thing is sold, either publicly or privately, to third persons.

Likewise, a co-ownership is terminated by prescription in favor of a third person.

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