22/12/2022
It is important to know the rights of a landowner in good faith vs. the rights of a builder in bad faith.
"The following provisions of the Civil Code governing the rights of a landowner in good faith and a builder in bad faith find application in this case:
ART. 449. He [or she] who builds, plants or sows in bad faith on the land of another, loses what is built, planted or sown without right of indemnity.
ART. 450. 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; or he [ or she] may compel the builder or planter to pay the price of the land, and the sower the proper rent.
ART. 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter or sower.
ART. 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. ###x
ART. 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he [or she] has been reimbursed therefor. "
(Saniano v. Sañano, G.R. No. 261733. November 29, 2022)
