Bicerra Vs.

Teneza 6 SCRA 629 (1962)

Facts:
The plaintiffs, Antonia Bicerra, et. Al, alleges that the house that was demolished by the order of
defendants, Tomasa Teneza and Benjamin Barbosa claiming to be the owner of the lot in Lagangilang,
Abra. The plaintiffs seeks damages for cost of the demolished house for the amount of P200.00 as well
as moral and consequential damages amounting to P600.00, and the cost. The CFI dismissed the
complaint claiming that the action is not within its jurisdiction and it is within the exclusive jurisdiction
of the Justice of the Peace Court of Lagangilang, Abra.

Issue:
Whether or not the action involves title of real property.

Ruling:
A house is considered as immovable property by reason to its adherence to the soil on which it was built
(Art 415, par 1, Civil Code). This also holds true even if the house was situated on a land belonging to a
different owner. But one the house is demolished, as in this case, it ceases to exist as such its character
as an immovable property likewise ceases.