Q. A, B, C and D are the heirs of X and Y who left an estate of 10 hectares in Laguna. The three (3) brothers agreed to convert the land from a riceland to a subdivision. D, the sister disagreed. Is D’s act valid and what is the remedy of the brothers? (Solved)

1. No, because she is a minority co-owner, the decision of the majority prevails;

2. No, because while it is an alteration the consent of the controlling interest is merely required;

3. Yes, because it is an alteration which requires the consent of all the co-owners but if the refusal of C is clearly prejudicial to the common interest, the alteration may be allowed;

4. No, because it is prejudicial to their common interest.