Text of the provision
Art. 491. None of the co-owners shall, without the consent of the others, make alterations in the thing owned in common, even though benefits for all would result therefrom. However, if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest, the courts may afford adequate relief.
(397a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
No co-owner may alter the common thing without the others' consent, even if the change would benefit everyone. But if withholding consent is clearly prejudicial to the common interest, the courts may grant relief.
Questions about this provision
Related provisions
- Article 490 — Storeys Owned Separately.
- Article 494 — Right to Demand Partition.
Cases citing this article
- Raul V. Arambulo and Teresita Dela Cruz vs Genaro Nolasco and Jeremy Spencer Nolasco, G.R. No. 189420, March 26, 2014 — read the decision on LawPhil →
- Leonor B. Cruz vs. Teofila M. Catapang, G.R. No. 164110, February 12, 2008 — read the decision on LawPhil →
- Wheelers Club International, Inc. vs. Jovito Bonifacio, Jr, G.R. No. 139540, June 29, 2005 — read the decision on LawPhil →
- Heirs of Leopoldo Esteban, Sr., Represented Herein By Leopoldo Esteban, Jr. vs. Lynda Lim Llaguno, G.R. No. 255001, June 14, 2023 — read the decision on LawPhil →
- Heirs of Herminio Marquez, represented by Alma Marie Marquez vs. Heirs of Epifania M, G.R. No. 236826, March 23, 2022 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.