Florencio Ignao vs Intermediate Appellate Court

G.R. 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.

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 houses 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.

Ruling:

Yes. Article 448 of the Civil Code is applicable in the case at bar. This is because it pertains to builders in
good faith. Although said article does 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 built 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
choose those provided by the said provision is null and void as it contravenes the law.