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woman who are capacitated to marry each other, live exclusively with each
other as husband and wife without the benefit of marriage or under a void
marriage, the property acquired by both of them through their work or industry
shall be governed b the rules on co-ownership. Likewise, in cases of
cohabitation not falling under Article 147 of the Family Code, 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. 5
(2) Contract An agreement to keep the thing undivided for a certain period, not
exceeding ten years, shall be valid and the term may be extended by a new
agreement. 6
(3) Succession When there are two or more heirs, the whole estate of the
decedent is, before its partition, owned in common by such heirs, subject to
the payment of debts of the deceased. Testator may prohibit the partition of
the estate among the heirs for a period not to exceed twenty (20) years. 7
(4) Fortuitous events or chance If two things of the same kind or different kinds
are mixed by chance and the things are not separable without injury. 8
(5) Occupancy When two (2) or more persons catch a wild pig or get forest
products or when a hidden treasurer is accidentally discovered by a stranger,
who is not a trespasser, on the land of another. 9
By way of analogy, the application of co-ownership will depend on its source. The
Family Code of the Philippines fixes a special kind of property relation (co-ownership)
between adulterous partners. Article 148 provides that a man and a woman living
together as husband and wife, without benefit of marriage but are not capacitated to
5 Rabuya, Elmer T., Property, 2008, p. 279
6 Rabuya, Elmer T., Property, 2008, p. 279
7 Rabuya, Elmer T., Property, 2008, p. 280
8 Rabuya, Elmer T., Property, 2008, p. 280
9 Rabuya, Elmer T., Property, 2008, p. 280
10 Article 148, par.1 of the Family Code provides 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. The same rule and presumption shall apply to joint deposits of money and
evidences of credit."