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