Case Digest Manotok Realty Inc Vs Tecson
Case Digest Manotok Realty Inc Vs Tecson
Case Digest Manotok Realty Inc Vs Tecson
The petition was granted and the respondent judge was ordered to
immediately issue a writ of execution ordering private respondent to
vacate the disputed premises and deliver possession of the same to
the petitioner.
ANALYSIS:
When the decision of the trial court became final and executor, it
became incumbent upon the respondent judge to issue the necessary
writ for the execution of the same. There is , therefore, no basis for the
respondent judge to deny the petitioners motion to avail of its option
to appropriate the improvements made on its property.
To be deemed a builer in good faith, it is essential that a person assert
title to the land on which je builds (that he be a possessor in concept of
an owner) and that he be unaware that there exist in his title or mode
of acqisitio any flaw which invalidates it.
CONCLUSION:
Neither can the respondent judge deny the issuance of a writ of
execution because the private respondent was adjudged a builder in
good faith or on the ground of peculiar circumstances which
supervened after the institution of this case, the introduction of certain
major repairs and of other substantial improvements, because the
option given by the law either to retain the premises and pay for the
improvements thereon or to sell the said premises to the builder in
good faith belongs to the owner of the property.