G.R. No.

190106
January 15, 2014

Villasi vs. Garcia

Facts:
Villasi engaged the services of FG Construction. For failure of Villasi to fully
pay despite several demands, FGCI initiated a suit for collection of sum of
money. Villasi denied the allegation and made a claim on FGCI which she won.
To satisfy the judgment, the sheriff levied on a building allegedly owned by
FGCI constructed on land owned by Garcia. The Spouses Garcia argued that
the levy and execution must fail since they are deemed owners of the land by
virtue of accession.

Issue:
WON the general rule on accession can be applied in the case at bar.
Held:

No.
When there are factual and evidentiary evidence to prove that the building and
the lot on which it stands are owned by different persons, they shall be treated
separately. As such, the building or the lot, as the case may be, can be made
liable to answer for the obligation of its respective owner. the levy and
execution must proceed.