Property Report - Article 448

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Article 448


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Remedies Available

1.

2.

3.


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Item of Note:

Article 448 states that the

builder or planter cannot be

obligated to buy the land if itsvalue is CONSIDERABLY

MORE than the building or

trees.


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Applicability of Art 448

1. Only when the builder orplanter thinks he owns the land.And he be a professor of goodfaith. (Alburo vs. Villanueva)

2. Builder constructs with the

consent of the owner. (Javier vs.Javier & Aringo vs. Arena)


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The article applies whether on

public or private land for the law

does not make distinction. (InsularGovt vs.Aldecora & Co., 19 Phil

505)

Applicability of Art 448


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Non-applicability of Art 448

1. The owner or planter doesnot claim ownership but

possesses it as mere:

a) Holder

b) Agentc) Usufructuary

d) Tenant

Exception: When the

tenant still sows not

knowing that the crops

will no longer belong to

him.


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2. When the builder or planteris a co-owner of the land.

3. When a person constructsa building on his own landthen sells the land excludingthe building.



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4. When the builder is a

belligerent occupant.



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If the Landowner Refuses

to Make the ChoiceIgnacio vs. Hilario, 76 Phil 605

The landowner has to exercise

either of the alternatives, notrefuse both:

a) To pay for the buildingb) To sell the land to the builder

in good faith.


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Since the law gives him no

remedies except those provided inthe law itself.

c) Sale of property at publicauction.

If the Landowner Refuses

to Make the Choice


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Rule in case the Landowner

Sells the PropertyIf new buyer only paid for the land:

Builder can direct the action

against the new owner ONLY,

having benefited from the

accretion. More so if the owner

is in bad faith.


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Sells the PropertyIf there is payment for the

construction:

Builder can still direct the

action against the new owner.

A third-party complaint may stillbe directed against the original

owner.


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Sells the PropertyIf no appropriation is made at the

time of the sale of the land:

The right to exercise the option

is with the new owner.


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Applicability in Ejectment

Cases Applicable as a result of a

defective deed of donation.Irrevocability of Choice

Once the choice is made,the same cannot be

revoked. (Tayag vs. Yusco)


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Rule in Installment Sales

Applicable as a result of a

defective deed of donation.Application by Analogy

Where one loses ownershipof the land on which he

earlier built an apartment.


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Documents

Property Report - Article 448