Florencio Ignao vs Intermediate Appellate Court

G.R. No. 72786 January 18, 1991

Facts:

Florencio Ignao and his Uncles, Juan and Isidro Ignao, were co-owners of a parcel of land. Petitioner filed
an action for partition the party.

On July 27, 1978, Florencio filed a complaint to recover real property against Juan and Isidro claiming
that the houses the latter constructed were in excess to their portion of the property according to the
judicial partition.

The court ruled that even if the buses encroached upon the property of Florencio, the respondents are
building in good faith. Therefore, Article 448 of the Civil Code awards the petitioner two options (i.e.
appropriate the portion of the house on his land, or sell the portion of the land to the respondents).
However, the court found that the first option would be near worthless in the present case and ordered
the sale of the land. The CA affirmed.

Issue:

Whether or not Article 448 of the Civil Code is applicable.

Decision:

The court ruled that Article 448 applies because it pertains to builders in good faith. Although said article
do not apply to co-owners of a land over which a co-owner constructed a building, co-ownership was
already terminated by the partition of the land. Where it appears that the house build by a co-owner
encroaches upon the portion of another, he is a builder in good faith and Article 448 applies. The
decision of the court which deprives the landowner the option to chose those provided by the said
provision is null and void as it contravenes the law.