Ladera v. HodgesG.R. No. 8027-R, September 23, 1952, Vol. 48, No. 12, Official Gazette 5374Reyes, J.B.L., J.

FACTS: Paz G. Ladera entered into a contract with C.N. Hodges. Hodges promised to sell a lot with an
area of 278 square meters to Ladera, subject to certain terms and conditions. The agreement called
for a down payment of P 800.00 and monthly installments of P 5.00 each with interest of 1% per month,
until P 2,085 is paid in full. In case of failure of the purchaser to make any monthly payment within 60 days
after it fell due, the contract may be considered as rescinded or annulled. Ladera built a house on the lot.
Later on, she defaulted in the payment of the agreed monthly installment. Hodges filed an action for the
ejectment of Ladera. The court issued an alias writ of execution and pursuant thereto, the city sheriff levied
upon all rights, interests, and participation over the house of Ladera. At the auction sale, Ladera’s house was
sold to Avelino A. Magno. Manuel P. Villa, later on, purchased the house from Magno. Ladera filed an
action against Hodges and the judgment sale purchasers. Judgment was rendered in favor of Ladera, setting
aside the sale for non-compliance with Rule 39, Rules of Court regarding judicial sales of real property. On
appeal, Hodges contends that the house, being built on a lot owned by another, should be regarded as movable
or personal property.

ISSUE: Whether or not Ladera’s house is an immovable property.

HELD:YES. The old Civil Code numerates among the things declared by it as immovable
property the following: lands, buildings, roads and constructions of all kind adhered to the soil. The law
does not make any distinction whether or not the owner of the lot is the one who built. Also, since the
principles of accession regard buildings and constructions as mere accessories to the land on which it is
built, it is logical that said accessories should partake the nature of the principal thing.