Scribd Logo
Upload

Welcome to Scribd!

  • 1K views

    Accession Continua

    Uploaded by

    Leslie Javier Burgos
    1. The document outlines the basic principles of accession continua under Philippine law, discussing how accessory objects follow the principal object and the rights and obligations of landowners, builders, planters, and owners of materials. 2. It provides details on the governing civil code articles depending on whether the parties acted in good or bad faith, and the available remedies and obligations of the parties in different scenarios. 3. Key principles discussed include that landowners are generally entitled to any constructions or plantings on their land, but must provide reimbursement to builders or owners of materials if they acted in good faith; parties acting in bad faith may be liable for damages or forfeiture of property.

    Copyright:

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

    Accession Continua

    Uploaded by

    Leslie Javier Burgos
    1K views4 pages
    1. The document outlines the basic principles of accession continua under Philippine law, discussing how accessory objects follow the principal object and the rights and obligations of landowners, builders, planters, and owners of materials. 2. It provides details on the governing civil code articles depending on whether the parties acted in good or bad faith, and the available remedies and obligations of the parties in different scenarios. 3. Key principles discussed include that landowners are generally entitled to any constructions or plantings on their land, but must provide reimbursement to builders or owners of materials if they acted in good faith; parties acting in bad faith may be liable for damages or forfeiture of property.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The document outlines the basic principles of accession continua under Philippine law, discussing how accessory objects follow the principal object and the rights and obligations of landowners, builders, planters, and owners of materials. 2. It provides details on the governing civil code articles depending on whether the parties acted in good or bad faith, and the available remedies and obligations of the parties in different scenarios. 3. Key principles discussed include that landowners are generally entitled to any constructions or plantings on their land, but must provide reimbursement to builders or owners of materials if they acted in good faith; parties acting in bad faith may be liable for damages or forfeiture of property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views4 pages

    Accession Continua

    Uploaded by

    Leslie Javier Burgos
    1. The document outlines the basic principles of accession continua under Philippine law, discussing how accessory objects follow the principal object and the rights and obligations of landowners, builders, planters, and owners of materials. 2. It provides details on the governing civil code articles depending on whether the parties acted in good or bad faith, and the available remedies and obligations of the parties in different scenarios. 3. Key principles discussed include that landowners are generally entitled to any constructions or plantings on their land, but must provide reimbursement to builders or owners of materials if they acted in good faith; parties acting in bad faith may be liable for damages or forfeiture of property.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 4
    At a glance
    Powered by AI
    The document discusses the basic principles of accession continua and the rights and obligations of different parties when materials are used to build on another's land, such as the landowner, builder, and owner of materials.

    There are six basic principles discussed: 1) accessory follows the principal 2) union or incorporation must be effected such that separation causes substantial injury 3) good faith parties may be responsible but not penalized 4) bad faith parties may be penalized 5) no unjust enrichment 6) bad faith of one neutralizes the other.

    If the landowner acts in good faith, the owner of materials can remove them without damage or be reimbursed if not removing. If in bad faith, the owner can remove and claim damages whether damage occurs or not and claim reimbursement and damages. The landowner's options depending on good/bad faith are also discussed.

    ACCESSION CONTINUA BASIC PRINCIPLES OF ACCESSION CONTINUA:

    1. Accessory follows the principal 2. Union or incorporation must, with certain exceptions, be effected in such manner that to separate the principal from the accessory would result in substantial injury to either 3. He who is in good faith may be held responsible but may not be penalized 4. He who is in bad faith may be penalized 5. No one should unjustly enrich himself at the expense of another 6. Bad faith of one neutralizes the bad faith of another

    GOVERNING PROVISION

    ART. 447 good faith

    ART. 447 bad faith

    LAW IS SILENT good faith

    ART. 453 bad faith

    LAND OWNER BUILDER/PLANTER/SOWER good faith OWNER OF MATERIALS good faith bad faith bad faith

    GOVERNING PROVISION LAND OWNER

    ART. 448 good faith

    ART. 454 bad faith

    ARTS. 449-451 good faith

    ART. 453 bad faith

    good faith
    BUILDER/PLANTER/SO WER

    good faith

    bad faith

    bad faith

    OWNER OF MATERIALS

    WHO OWNS THE MATERIALS? GENERAL RULE: landowner Rights and Obligations of the Landowner Who Uses the Materials of Another. (Art. 447) If landowner acted in good faith EXCEPTION: owner of the materials if he chooses to remove, provided that the removal will NOT cause destruction to the work made or to the plants GENERAL RULE: landowner EXCEPTION: Owner of the materials if he chooses to remove, whether or not destruction would be caused

    What are the consequences? Landowner must pay their value

    for

    If landowner acted in bad faith

    Landowner must still pay for damages

    OWNER OF THE MATERIALS IS ENTITLED TO If landowner acted in good faith Removal, provided injury is caused NO substantial

    Rights and Obligations of the Owner of the Materials (Art. 447)

    Reimbursement, provided NOT remove them If landowner acted in bad faith

    he

    does

    Removal and damages, whether or not substantial injury is caused

    Reimbursement and damages, provided he does NOT remove them

    Rules If Landowner Wants to Return the Materials Instead of Paying Reimbursement (Art. 447)

    If there is NO damage to or transformation of materials If damage transformation has made on materials or been

    Materials may be returned at the landowners expense

    Materials may NOT returned anymore

    be

    Right of the Owner of the Materials If the Landowner Has Already Demolished/Removed the Plantings/Construction/Works (Art. 447)

    Best rule seems to be that the owner of the materials is entitled to get them since the law makes NO distinctions

    To appropriate for himself the house upon payment of the proper indemnity Options of Landowner in Good Faith When Another Builds/Plants/Sows Thereon (Art. 448) To compel the builder/planted/sower to buy the said land, unless the value of the land be considerably more than the value of the building/plants NO right of removal/demolition unless after having selected compulsory sale, the builder fails to pay for the land Assume relation of lessor/lessee Remedies of Parties When Builder/Planter/Sower in Good Faith Fails to Pay the Value of the Land of the Landowner (Art. 448) Landowner may have the house removed Landowner may consider the price of the land as an ordinary money debt of the builder/planter/sower

    ART. 448
    Applicable
    1. when the builder/planter/sower has a claim of title 2. when the builder/planter/sower builds/plants/sows with the consent of the landowner

    NOT applicable
    1. GENERAL RULE: When the builder/sower/planter does NOT claim ownership over the land but possesses it as a mere holder, agent, usufructuary, or tenant EXCEPTION: If an agricultural tenant whose lease still sows even if the lease is about to expire, NOT knowing that the crops will NO longer belong to him 2. when the builder/planter/sower is NOT a stranger but a co-owner, even if later on, during the partition, the portion of the land is awarded to another co-owner 3. when a person constructs a building on his own land, and then sells the land but NOT the building to another 4. when the builder is a belligerent occupant

    Rule In Case the Landowner Sells/Alienates the Land to a Stranger (Art. 448)

    Action should primarily be directed against the new owner

    New owner did NOT pay for construction

    New owner responsible

    alone

    is

    New owner paid for construction

    Action may still be directed against him, but this time, he can file a third-party complaint against the original owner, who ultimately will have to pay

    Remedies of Landowner in Good Faith When Builder/Planter/Sower Are In Bad Faith (Arts. 449-451, 453)

    Get the building/plants WITHOUT paying any indemnity for its value or expenses (but with obligation to pay necessary expenses for the preservation of the land, NOT the building/plants) + damages

    Demand the demolition/destruction at the builders/planters/sowers expense + damages

    Obligations of Planter/Sower in Bad Faith to Landowner in Good Faith as Regards Growing and Gathered Crops (Arts. 449-451)

    Crops have already been gathered

    Crops have NOT YET been gathered

    Planter/sower has to return the value of the crops, or the crops themselves minus the necessary expenses Planter/sower has to completely forfeit crops in favor of the landowner,

    WITHOUT any right to indemnify (except, of course, the necessary expenses)

    Rights of the Owner of the Materials When There are Three Parties Involved (Art. 455)

    If the owner of the materials acted in good faith

    Reimbursement from the builder/planter/sower principally, in case of insolvency, the landowner is subsidiarily liable, if he makes use of the materials NOTE: Landowner makes use of the materials only if he appropriates the construction Loses all rights to be indemnified

    If the owner of the materials acted in bad faith

    May be held liable for consequential damages (as when materials are of inferior quality)

    LESLIE J. BURGOS LAW 2-B

    JUDGE TEODORA GONZALES PROFESSOR

    You might also like