Article 495

Art. 495. Notwithstanding the provisions of the preceding article, the co-owners cannot demand a physical division of the thing owned in common, when to do so would render it unserviceable for the use for which it is intended. But the co-ownership may be terminated in accordance with Article 498. (401a)

The law that governs partition,first,the civil code,then suppletorily the rules of court.(rules 69 of the revised of rules of court provides for the partition.The co-owneres have the rigth to voluntarily terminate their existing co-ownership or the property thru an agreement subdividing the land among themselves,This right exists ,even if their subdivisions does not conform to the rules of the National Planning Commissions as to the area of each a lot,frontage an with of alleys.This reasons:said rules are intended to regulate the sudivision of land for sale and for building development(not for a voluntary partitioning on introduction of improvements by co-owners.Secondly even if the rules of commission would ordinarily applicable,still said rules were promulgated under example,E.O. No.98 in 1946(under the emergency power of the provision)and should therefor not prevail over the civil code  which took affect later.

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