Kirsten C.

Sazon
J.D.1A

FACTS:
Mario lives in Barangay Padang. Because of the hot heat, his neighbor, Sam, has decided to
modify and expand the roof on the side of his home. However, Sam's extension has encroached
on Mario's space. Mario has been advised that he may take legal proceedings against Sam.
ISSUES:
Whether or not Mario could take legal action against his neighbor Sam.
LAW:
According to Article 449 of the Civil Code, “ a person who builds in bad faith — with
knowledge that the land was not his or her and has no right thereto — on the land of another
loses what he built without right to indemnity,” Thus, in the case of Barber, et. al Vs. Chua,
where a petition for review on certiorari was filed assailing the decision on the last case where
the complainant filed a complaint for ejectment of extended structures that partly occupied in the
portion of firewall, damage to property with prayer for moral and exemplary damages with the
MTC of Cainta, Rizal. In the court’s decision speaking through Zalameda, J.. that “A lawful
owner has the right to fully enjoy possession over his entire property, not only over the land’s
surface also over the structures built thereon, including everything underneath and the airspace
above it up to a reasonable height. As such, a landowner is has the right to eject those who
unlawfully encroach and build upon not only on the lot itself, but as well as on the structures
existing on his property.
ANALYSIS/ APPLICATION OF LAWS TO FACTS:
Mario can take legal action against his neighbor, Sam, therefore I will advice Mario to first, talk
to his neighbor Sam about the issue. If Sam did not took action, Mario should first report to their
barangay for barangay proceedings. Hence, if Sam did not want to settle again, the barangay will
issue a certificate to file legal action. Sam violated Article 449 of the Civil Code where it is said
that “ a person who builds in bad faith — with knowledge that the land was not his or her and
has no right thereto — on the land of another loses what he built without right to indemnity,”
Clearly, Sam has a knowledge that his roof extension will affect the property of Mario however,
he still managed to continue his roof extension in bad faith violating the rights of Mario to his
property. In the case of Barber vs. Chua, it was explained that the owner has the right to fully
enjoy his property and to eject those who unlawfully encroach and build to the lot and to the
structures in his property. Furthermore, PAO chief Persoda Acosta explains that property owner
can definitely demand reparations from a neighbor whose structures cross property borders.
Mario can demand on demolition of the work to return to its former condition. In this case, Sam
is obliged to pay the expenses in the demolition.
FACTS:
Jose, a restaurant owner plans to make renovations. Kim, his appointed agent was given
the authority to purchase 1000 bags of cement from Lucky Construction on his behalf.
The goods were supplied by Lucky Construction. Two days later, Jose decided not to pay
as arranged. According to Lucky Construction, Jose is liable for the cost.

ISSUES:
Whether or not Jose is liable to the cost of the goods supplied by Lucky Construction.

LAW:
According to Article 1528 of the New Civil Code, “The vendee is bound to accept
delivery and to pay the price of the thing sold at the time and place stipulated in the
contract. If the time and place should not have been stipulated, the payment must be
made at the time and place of the delivery of the thing sold.”

ANALYSIS/ APPLICATION OF LAWS TO FACTS:

Jose is responsible since he is the owner of the restaurant. Furthermore, there was a
delivery to Jose. Jose is responsible because it will be unjust enrichment at the expense of
another; his change of mind is not acceptable. Contract has been perfected when Jose
appointed Kim to buy from Lucky Construction. Hence, Jose being the principal should
pay since Kim is just his duly authorized representative.
References:

G.R. No. 205630. (n.d.). Lawphil.net. Retrieved February 4, 2024, from

https://lawphil.net/judjuris/juri2021/jan2021/gr_205630_2021.html

Abogado.com.ph. (2023, July 22). PAO explains legal remedies for neighbor encroaching
on one’s land. https://abogado.com.ph/pao-explains-legal-remedies-for-neighbor-
encroaching-on-ones-land0/