LUCIANO BRIONES, ET AL., VS. JOSE MACABAGDAL, ET AL.

FACTS:

Spouses Macabagdal acquired a property in the Vergonville Subdivision from

Vergon. After acquiring the requisite building permission from Vergon, spouses
Briones began construction on the same plot of property in 1984. Spouses
Macabagdal asked that sposes Briones dismantle the home and depart the premises
after learning of this. Briones' spouses declined.

As a result, the Macabagdal spouses launched a lawsuit to reclaim ownership

and control of the property. The RTC and CA decided in favor of couples Macabagdal,
ordering spouses Briones to either evacuate the property or pay spouses Macabagdal
the current land value.

ISSUE:
Whether or not the spouses Briones builders in good faith, thus, must not bear
the damage alone.

HELD:
Yes. Since there was no evidence to show that spouses Briones were builders
in bad faith, they must be considered builders in good faith. Thus, the landowner is
given the option to appropriate the building by paying compensation or to oblige the
builder to pay the price of the land. Moreover, the builder in good faith is entitled to
be reimbursed the necessary and useful expenses they made of the subject land.

Thus, spouses Macabagdal cannot demand the removal of the building unless
he first exercises the option of appropriating such after payment to spouses Briones of
the proper compensation.