Tayag V Yuseco
Tayag V Yuseco
yuseco
G.R. No. L-14043 | April 16, 1959 | Montemayor, J.
You have been so good to our family.
No. In rendered
You’ve expressionyour
of my gratitude,
professional
I’m offering
services you
free of two lots where
compensation. you
Thank
Oh
Hehe.
wow!That’s
Thankokay.
you! can build your house.
you!
You have two choices: either you pay
me P120.00 as monthly rental or you
get our of my property!
Uhm. 3rd choice, No.
Okay. We are willing to sell the lot
but we are also willing to buy the
buildings erected here if its value is as
Okay. Buy it for P50,000.00. it should be and determined by
evidence!
WHAAAAAAT?!
Okay. Buy it for P50,000.00.
NO WAY! We retain a right or option
to make a choice and even if that’s
our choice, we can’t be compelled
Okay. Buy it for P50,000.00. because we can’t afford that.
Whether or not
tayag can be
compelled to buy
the lot
Yes.
Art. 448. The owner of the land on which anything has been built, sown or planted in
good faith, shall have the right to appropriate as his own the works, sowing or planting,
after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one
who built or planted to pay the price of the land, and the one who sowed, the proper
rent. However, the builder or planter cannot be obliged to buy the land if its value is
considerably more than that of the building or trees. In such case, he shall pay
reasonable rent, if the owner of the land does not choose to appropriate the building or
trees after proper indemnity. The parties shall agree upon the terms of the lease and in
case of disagreement, the court shall fix the terms thereof.
Yes.
Once a party, in conformity with the court, has made a
choice, duly informed the court of his choice and duly
ordered to comply the same, the landowner can no longer
change his or her mind.