Text of the provision
Art. 492. For the administration and better enjoyment of the thing owned in common, the resolutions of the majority of the co-owners shall be binding. There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership. Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common.
(398)
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
For the administration and better enjoyment of property held in common, the resolutions of the majority of the co-owners bind everyone — and "majority" is measured by controlling interest in the property, not by a head count. If no majority can be formed, or the majority's resolution is seriously prejudicial to those interested, any interested party may ask the court for relief, including the appointment of an administrator. Where part of the thing is owned exclusively by one co-owner, the rule reaches only the part held in common.
Related provisions
- Article 41 — When a Foetus Is Considered Born.
- Article 498 — Selling a Thing That Cannot Be Divided.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.