You are on page 1of 1

Malabanan v. Republic (Art.

420 and 422)

In order that acquisition by prescription will become susceptible, a lot subject for registration
should be declared alienable and disposable and competent evidence must be shown that the said
lot is no longer intended for public use service or for the development of the national evidence.
Moreso,  The classification of the subject property as alienable and disposable land of the public
domain does not change its status as property of the public dominion under Article 420(2) of the
Civil Code.

Pleasantville v. CA (Articles 448, 546 and 548)


Article 448 was used as a basis in determining whether or not Kee can be considered as builder
of good faith. The rights of Kee and Jardinico vis-a-vis each other, as builder in good faith and
owner in good faith, respectively, entitles them be refunded, or retention of the thing until
reimbursement has beeen made (Art. 546). Lastly, expenses for pure luxury or mere pleasure that
were incurred cannot be the subject of refund, but he may remove the ornaments with which he
has embellished the principal thing if it suffers no injury thereby, and if his successor in the
possession does not prefer to refund the amount expended.

Del Campo v. CA (Art. 493)


This article was used in deciding the case since this provision governs each co-owner’s right in
alienating, assigning or mortgaging, and even in substituting another person in its enjoyment.

Cequena v. Bolante (Atr. 538)

This article was used in determing veracity of the contention of the respondent that he is the
preferred possessor because she was in notorious, actual, exclusive and continuous possession of
the land since 1985

You might also like