Matrix Accession Industrial Arts 445-456
Matrix Accession Industrial Arts 445-456
Matrix Accession Industrial Arts 445-456
ACCESSION INDUSTRIAL = happens by : (governed by Articles 445 – 456 of the Civil Code)
a. Building
b. Planting
c. Sowing
Good Faith – With reference to the landowner (LO) or owner of materials (OM):
= he is deemed possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which
invalidates it. (Article 526 par 1, by analogy);
= he is in good faith if he did not know that he had no right to such land or materials.
= the owner of the land or materials is in good faith if he did not know that another was using his land or his materials; or
granting that he did know, if he informed the user of the ownership thereof and made necessary prohibition;
Good Faith - with reference to the builder, planter, or sower (BPS):
= BPS is in good faith if did not know that he had no right to such land or materials;
Good faith is always presumed, under Article 527, and he who alleges bad faith has the burden of proving such bad
faith.
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
remove the of removal of
materials the materials
whether or whether or not
not substantial injury
destruction is caused; plus
would be damages;
caused. In (ownership of
this case, the materials still
materials retains to him)
would still
belong to the
owner of said
materials
who in
addition will
still be
entitled to
damages
(2)LO/BPS By analogy: Art. 453, par. 1: If there was bad faith, not only on the part of the person who built, planted or
= in BF sowed on the land of another, but also on the part of the owner of such land, the right of one and the other shall
OM = in be the same as though both had acted in good faith.
BF In such a case, the following rules shall apply:
a. Becomes the a. Must pay for the a. Shall be paid for
owner of the value of the the value of the
materials materials materials (right of
(right of reimbursement) if
appropriation he chose not to
of the remove the
materials); materials
Except: b. Limited right of
when they removal, ie.
can be May remove the
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
removed materials
without provided it will
destruction to not cause injury
the work to the work
made or to constructed, or
the plants. In without the
such a case, plantings,
OM can construction or
remove works being
them. destroyed.
B. Rules when BPS (builder, planter or sower) builds, plants or sows on the land of
another
Article 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to
appropriate as his own the works, sowing or planting, after payment of indemnity provided for in Articles 546 and
548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent.
However, the builder or planter cannot be oblige to buy the land if its value is considerably more than that of the
building or trees. In such case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate
the building or trees after proper indemnity. The parties shall agree upon the terms of the lease and in case of
disagreement, the court shall fix the terms thereof.
a. Article 546: Necessary expenses shall be refunded to every possessor, but only the possessor in good faith may retain the
thing until he has been reimbursed therefor.
b. Article 548: Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; 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.
Note: Indemnities to be given:
a. Necessary expenses – are those made for the preservation of the thing or those without which the thing would deteriorate
or be lost such as those incurred for cultivation, production, and upkeep. Ordinary repairs are those required by the wear
and tear due to the natural use of the thing, and are indispensable for its preservation
b. Useful expenses – are those that augment the income of the thing upon which they are spent or add value to the property
c. Luxurious expenses – are those unnecessary expenses such as ornaments embellished upon the property.
Note: Since the choice given the LO is confined to either the appropriation or compulsory selling, he has no
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
right of removal or demolition, unless after having selected a compulsory sale, the builder fails to pay for
the land
Remedies if option exercised was compulsory selling and builder fails to pay:
a. Leave things as they are and assume relation of lessor and lessee; pay rents; or
b. Demolish what has been built, sown or planted; or
c. Consider price of land as an ordinary money debt of the builder. Therefore, he may enforce payment thru and
ordinary action for the recovery of a money debt (levy and execution)
Article 450. The owner of the land on which anything has been built, planted or sown in bad faith may demand the
demolition of the works, or that the planting or sowing be removed, in order to replace things in their former
condition at the expense of the person who built, planted or sowed; or he may compel the builder or planter to pay
the price of the land, and the sower the proper rent.
Article 451. In the cases of the two preceding articles, the landowner is entitled to damages from the builder, planter, or
sower.
Article 452. The builder, planter or sower in bad faith is entitled to reimbursement for the necessary expenses for the
preservation of the land.
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
(1)LO =in Apply the Rules in Art. 448, item 1 of Apply the Rules in Art. 448, item
GF this Matrix 1 of this Matrix
BPS = in Additional Rights and Obligation of the Additional Rights and Obligation
GF LO: of the BPS:
OM = in GF 1. Subsidiarily liable for the value of 1. Principally liable to the OM; a. Entitled to
the materials to OM in the event since he was the first to use reimbursement
that the BPS is insolvent. the materials; from the BPS,
2. The landowner can only make use 2. If BPS is insolvent, LO shall principally; or
of the materials if he appropriates be subsidiarily liable, b. Can go after the
the construction; (LO subsidiarily provided the latter chose to LO if the BPS is
liable) use the materials; insolvent and LO
3. If he compels the BPS to purchase 3. If the BPS pays the OM, BPS uses the
the land; or to demolish the may demand from landowner materials
construction, the landowner does the value of the materials
not make use of the materials, thus and labor (provided LO did
he cannot be made subsidiarily not appropriate the materials
liable to the OM for the value because he did not profit
thereof; from the accession)
4. If the BPS pays the OM, BPS may
demand from landowner the value
of the materials and labor (provided
LO did not appropriate the
materials because he did not profit
from the accession)
(2)LO = in Note: As between BPS and OM since they are both in bad faith, good
GF faith must govern. Hence:
BPS = in a. Right of a. Pay for the a. Becomes a.Must a. Right to
BF appropriation necessary and the owner of reimburse reimbursemen
OM = in BF , i.e. he useful expenses the OM for the t of the value of
becomes the for the materials, if value of the materials, in
owner of preservation of he pays for materials if case he chooses
whatever is the land incurred their value; OM chose not to remove
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
built, planted by the BPS in bad Exception: not remove the materials;
or sown on faith (Art. 452) When they can the (can only
his land, be removed materials; demand
without without b.In case BPS reimbursement
paying destruction to cannot pay, from BPS of
indemnity for the work made LO will not which he is
its value (Art or to the be primarily liable)
449); plants. In subsidiarily In case BPS
OR which case, liable cannot pay, LO
b. May demand the OM may because to will not be
the remove them. him, BPS is subsidiarily
demolition of in bad faith liable to OM
the work, or c. In case BPS because as to
that the pays for the the LO, BPS is in
planting or value of the bad faith
sowing be materials to b. Limited
removed in OM, BPS right of
order to cannot ask removal, i.e.
replace reimbursem May remove
things in ent from the the materials
their former LO, because provided it will
condition at as to the not cause injury
the expense latter BPS is to the work
of the BPS in bad faith. constructed, or
(Art. 450); without the
OR plantings,
c. May compel construction or
the BP to pay works being
for the value destroyed.
of the land
whether or
not it is
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BUILDER,PLANTER, SOWER OWNER OF MATERIALS (OM)
LANDOWNER (LO)
(BPS)
OBLIGATION
RIGHTS OBLIGATIONS RIGHTS OBLIGATIONS RIGHTS
S
considerably
more than
the value of
the building
or trees; and
sower proper
rent. (Art.
450)
d. In all of the
above
circumstance
s the LO can
demand
damages
from both the
BPS and OM
(4)LO =in Apply the Rules in Art. 448, item 1 of Apply the Rules in Art. 448, item If he acted in bad faith, OM shall
GF this Matrix 1 of this Matrix lose all rights to be indemnified;
BPS = in Moreover, he can even be liable for
GF damages as when the materials are
OM = in BF of an inferior quality.
Article 456. In the cases regulated in the preceding articles, good faith does not necessarily exclude negligence, which gives right to
damages under article 2176.
Article 2176. Whoever by acts or omission causes damage to another, there being fault or negligence, is obliged to pay for the
damage done. Such fault or negligence, if there is no pre-existing contractual relations between the parties, is called quasi-
delict.
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