Pecson v CA, Spouses Nuguid

Facts:
Pecson used to be the owner of a land until it was sold to Spouses Nuguid for some
reason. Even before Spouses Nuguid’s acquired said land, a commercial apartment
was built by Pecson. Spouses Nuguid claims that it is their apartment as well and its
rent be received by them, albeit it not being subject to the sale, as they are now
possessor of land, citing Art. 448
Issue:
WoN Art. 448 can be applied in the case at hand
Held:
No. Article 448 does not apply to a case where the owner of the land is the builder,
sower, or planter who then later loses ownership of the land by sale or donation. It does
not apply to a case where a person constructs a building on his own land, for then there
can be no question as to good or bad faith on the part of the builder.
However, with regards to the issue with the apartment, the new owners of the land shall
reimburse Pecson with the current value of the building; until then, Pecson will enjoy the
apartment’s civil fruits.