Scribd Logo
Upload

Welcome to Scribd!

  • 72 views

    (CD) Santos vs. Mojica - G.R. No. L-25450 - January 31, 1969 - Internet

    Uploaded by

    Amiel Gian Mario Zapanta
    The Supreme Court affirmed the order of the lower court to demolish the house owned by Leonardo Santos that was built on a disputed land parcel. Eleven siblings brought a partition and annulment case regarding the 360-sqm lot against their sister Lorenza and brother-in-law Simeon. The court ordered partition of the land and eviction of Lorenza and Simeon. Leonardo, their son, filed a third-party claim over his house on the lot. The court found Leonardo was not built the house in good faith and allowed demolition at his expense according to the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    (CD) Santos vs. Mojica - G.R. No. L-25450 - January 31, 1969 - Internet

    Uploaded by

    Amiel Gian Mario Zapanta
    72 views1 page
    The Supreme Court affirmed the order of the lower court to demolish the house owned by Leonardo Santos that was built on a disputed land parcel. Eleven siblings brought a partition and annulment case regarding the 360-sqm lot against their sister Lorenza and brother-in-law Simeon. The court ordered partition of the land and eviction of Lorenza and Simeon. Leonardo, their son, filed a third-party claim over his house on the lot. The court found Leonardo was not built the house in good faith and allowed demolition at his expense according to the Civil Code.

    Original Title

    [CD] Santos vs. Mojica - G.R. No. L-25450 - January 31, 1969 - Internet

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court affirmed the order of the lower court to demolish the house owned by Leonardo Santos that was built on a disputed land parcel. Eleven siblings brought a partition and annulment case regarding the 360-sqm lot against their sister Lorenza and brother-in-law Simeon. The court ordered partition of the land and eviction of Lorenza and Simeon. Leonardo, their son, filed a third-party claim over his house on the lot. The court found Leonardo was not built the house in good faith and allowed demolition at his expense according to the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    72 views1 page

    (CD) Santos vs. Mojica - G.R. No. L-25450 - January 31, 1969 - Internet

    Uploaded by

    Amiel Gian Mario Zapanta
    The Supreme Court affirmed the order of the lower court to demolish the house owned by Leonardo Santos that was built on a disputed land parcel. Eleven siblings brought a partition and annulment case regarding the 360-sqm lot against their sister Lorenza and brother-in-law Simeon. The court ordered partition of the land and eviction of Lorenza and Simeon. Leonardo, their son, filed a third-party claim over his house on the lot. The court found Leonardo was not built the house in good faith and allowed demolition at his expense according to the Civil Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    LEONARDO SANTOS, Petitioner, v. HON. ANGEL H.

    MOJICA, Judge, Court of First


    Instance of Rizal, Pasay City Branch, The PROVINCIAL SHERIFF of Rizal, Pasay City
    Branch, TEODORICO, CARMEN, ANTERO, VIDAL, CATALINA, MELANIO,
    MANUEL, FELICIDAD, AURELIO, PACITA and ELEUTERIA, all surnamed
    ALLANIGUE, Respondents.
    G.R. No. L-25450, January 31, 1969

    FACTS

    On 19 March 1959, The Allanigue (brothers and sisters), brought an action before the
    CFI Rizal against their sister, Lorenza Allanigue, her husband, Simeon Santos for partition of a
    360-sq. m. lot situated at San Dionisio, Parañaque, Rizal, and for the annulment of certain
    conveyances involving the same.
    The trial court rendered judgment ordering the partition of the lot among the 11 plaintiffs
    and the defendant Lorenza Allanigue. A writ of execution was issued on the judgment ordering
    the defendants to vacate the lot and deliver its possession to the plaintiffs. Leonardo Santos, son
    of defendants Simeon Santos and Lorenza Allanigue, owned a house standing on the lot. He filed
    with the sheriff a third-party claim, and with the court, a motion to recall the writ of execution
    insofar as his house was concerned. The motion was denied.
    A period was given for the defendants and movant to remove their hose, but they failed,
    to which a court order was released ordering sheriff to demolish said houses due to the ground
    that the petitioner is in bad faith. The petitioner, filed in the Supreme Court a petition for
    certiorari and prohibition against Judge Angel H. Mojica, the Provincial Sheriff of Rizal and the
    plaintiffs in the case, as respondents.

    ISSUE

    Whether the court erred in ordering the demolition of the house of the petitioner?

    HELD

    The Supreme Court affirmed the order of the respondent.


    The owners of the land became owners of the improvement consisting of the house built
    in bad faith if they chose to appropriate the accession. (Article 445 and 449, Civil Code.)
    However, said owners could choose instead the demolition of the improvement or
    building at the expense of the builder, pursuant to Article 450 of the Civil Code, which, in part,
    provides “The owner of the land on which anything has been built, planted or sown in bad faith
    may demand the demolition of the work, or that the planting or sowing be removed, in order to
    replace things in their former condition at the expense of the person who built, planted or
    sowed.” In the present case, the Allanigue brothers and sisters chose to have the house or
    improvement built by Leonardo Santos demolished pursuant to their motion for demolition.

    You might also like