ACCESSION CONTINUA
BASIC PRINCIPLES OF ACCESSION CONTINUA:
1. Accessor Accessory y follows follows the the princi principal pal 2. Union Union or incorpor incorporation ation must, must, with certain excepti exceptions, ons, be effected 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 good fait faith h may may be held held resp respon onsi sibl ble e but but may may not not be penalized 4. He who who is in bad bad faith faith may be be penaliz penalized ed 5. No one should should unjustly enrich himself himself at the expense of another 6. Bad faith faith of one neutrali neutralizes zes the the bad faith faith of another another
GOVERNING PROVISION
ART. 447
ART. 447
L AW I S SILENT
ART. 453
good faith
bad faith
good faith
bad faith
good faith
good faith
bad faith
bad faith
LAND OWNER BUILDER/PLANTER/SOWER OWNER OF MATERIALS
GOVERNING PROVISION
ART. 448
ART. 454
ARTS. 449-451
ART. 453
good faith
bad faith
good faith
bad faith
good faith
good faith
bad faith
bad faith
LAND OWNER
BUILDER/PLANTER/SO WER
OWNER OF MATERIALS
WHO OWNS THE MATERIALS?
What are the consequences?
GENERAL RULE: RULE: landowner Rights and Obligations of the Landowner Who Uses the Materials of Another. (Art. 447)
If landowner acted in good faith
If landowner acted in bad faith
EXCEPTION: owner of the materials EXCEPTION: if he choose chooses s to remove remove,, provid provided ed that that the the remo remova vall will will NOT NOT caus cause e destruction to the work made or to the plants GENERAL RULE: landowner EXCEPTION:: Owner of the materials EXCEPTION if he chooses to remove, whether or not destruction would be caused
Landowner must pay their value
for
Landowner must must stil stilll pay pay for damages
OWNER OF THE MATERIALS IS ENTITLED TO…
Rights and Obligations of the Owner of the Materials (Art. 447)
If landowner acted in good faith
Removal, provided injury is caused
NO
substantial
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 Materials may be returned or transformation of at the landowner’s materials expense If damage transformation has made on materials
Right of the Owner of the Materials If the Landowner Has Already Demolished/Removed the Plantings/Construction/Works (Art. 447)
or been
Materials may NOT returned anymore
be
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
NOT 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
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
Remedies of Landowner in Good Faith When Builder/Planter/Sower Are In Bad Faith (Arts. 449-451, 453)
New owner did NOT pay for construction
New owner responsible
alone
is
Action may still be directed against him, but this time, he New owner paid can file a third-party for construction complaint against the original owner, who ultimately will have to pay
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 builder’s/planter’s/sower’s 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
LESLIE J. BURGOS LAW 2-B
JUDGE TEODORA GONZALES PROFESSOR
May be held liable for consequential damages (as when materials are of inferior quality)