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    Property Report - Article 448

    Uploaded by

    Juan Luis Lusong
    This document discusses Article 448, which provides remedies for builders or planters who construct buildings or plant trees on land they believe they own but actually do not. It outlines when Article 448 applies, such as when the builder acts in good faith, and when it does not apply, such as when the builder is aware they do not own the land. The document also discusses what happens if the landowner refuses the builder's request to either pay for the building or sell the land, as well as rules regarding selling the property to a third party.

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    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd

    Property Report - Article 448

    Uploaded by

    Juan Luis Lusong
    195 views16 pages
    This document discusses Article 448, which provides remedies for builders or planters who construct buildings or plant trees on land they believe they own but actually do not. It outlines when Article 448 applies, such as when the builder acts in good faith, and when it does not apply, such as when the builder is aware they do not own the land. The document also discusses what happens if the landowner refuses the builder's request to either pay for the building or sell the land, as well as rules regarding selling the property to a third party.

    Original Description:

    Presentation on Article 448 of the Civil Code of the Philippines regarding Property.

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    © Attribution Non-Commercial (BY-NC)

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    This document discusses Article 448, which provides remedies for builders or planters who construct buildings or plant trees on land they believe they own but actually do not. It outlines when Article 448 applies, such as when the builder acts in good faith, and when it does not apply, such as when the builder is aware they do not own the land. The document also discusses what happens if the landowner refuses the builder's request to either pay for the building or sell the land, as well as rules regarding selling the property to a third party.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    195 views16 pages

    Property Report - Article 448

    Uploaded by

    Juan Luis Lusong
    This document discusses Article 448, which provides remedies for builders or planters who construct buildings or plant trees on land they believe they own but actually do not. It outlines when Article 448 applies, such as when the builder acts in good faith, and when it does not apply, such as when the builder is aware they do not own the land. The document also discusses what happens if the landowner refuses the builder's request to either pay for the building or sell the land, as well as rules regarding selling the property to a third party.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 16

    Article 448

    Remedies Available
    1. 2. 3.

    Item of Note:
    Article 448 states that the builder or planter cannot be obligated to buy the land if its value is CONSIDERABLY MORE than the building or trees.

    Applicability of Art 448


    1. Only when the builder or planter thinks he owns the land. And he be a professor of good faith. (Alburo vs. Villanueva) 2. Builder constructs with the consent of the owner. (Javier vs. Javier & Aringo vs. Arena)

    Applicability of Art 448


    The article applies whether on public or private land for the law does not make distinction. (Insular Govt vs. Aldecora & Co., 19 Phil 505)

    Non-applicability of Art 448


    1. The owner or planter does not claim ownership but possesses it as mere:
    a) Holder b) Agent c) Usufructuary d) Tenant
    Exception: When the tenant still sows not knowing that the crops will no longer belong to him.

    Non-applicability of Art 448


    2. When the builder or planter is a co-owner of the land. 3. When a person constructs a building on his own land then sells the land excluding the building.

    Non-applicability of Art 448 4. When the builder is a belligerent occupant.

    If the Landowner Refuses to Make the Choice


    Ignacio vs. Hilario, 76 Phil 605

    The landowner has to exercise either of the alternatives, not refuse both: a) To pay for the building b) To sell the land to the builder in good faith.

    If the Landowner Refuses to Make the Choice


    Since the law gives him no remedies except those provided in the law itself. c) Sale of property at public auction.

    Rule in case the Landowner Sells the Property


    If 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.

    Rule in case the Landowner Sells the Property


    If there is payment for the construction: Builder can still direct the action against the new owner. A third-party complaint may still be directed against the original owner.

    Rule in case the Landowner Sells the Property


    If no appropriation is made at the time of the sale of the land: The right to exercise the option is with the new owner.

    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)

    Rule in Installment Sales


    Applicable as a result of a defective deed of donation.

    Application by Analogy
    Where one loses ownership of the land on which he earlier built an apartment.

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