Rule if the planter and owner of the land are different

Gathered Fruits

Planter in GF Planter in BF

Keeps fruits before possession is Reimbursed for expenses for

Planter legally interrupted (NCC, Art. 544, production, gathering and
par. 1) (2008 Bar). preservation (NCC, Art. 443).

No necessity to reimburse the Owns fruits provided he pays

planter of expenses since the planter planter expenses for production,
Landowner retains the fruits (NCC, Art. 544, par. gathering and preservation (NCC,
1). Art. 443).

Standing Crops

Planter in GF Planter in BF

Reimbursed for expenses, for Loses what is built, planted or

production, gathering and
preservation (NCC, Art.443).
Planter
Owns fruits provided he pays
planter expenses for production,
Landowner gathering and preservation (NCC,
Art. 443).
sown without right to indemnity
(NCC, Art 449).
Entitled to reimbursement for the
necessary expenses of preservation
of the land. (NCC, Art. 452).
Owns fruits (NCC, Art. 449).

Rule when the land owner is the builder, planter or sower (1999 Bar)

Land Owner and Builder, Planter or Sower Owner of Materials

Good faith Good faith

Acquire building etc. after paying indemnity for value 1. Receive indemnity for value of materials; or
of materials (NCC, Art. 447) (1999 Bar). 2. Remove materials if w/o injury to works,
plantings or constructions (NCC, Art. 447).

Bad faith Good faith

1. Be indemnified for value of materials and

Acquire building etc. after paying value of materials
damages; or
AND indemnity for damages, subject to the right of the
2. Remove materials, w/ or w/o injury and be
owner of materials to remove (NCC, Art. 447).
indemnified for damages (NCC, Art. 447).

Good faith Bad faith

1. Acquire w/o paying indemnity and right to 1. Lose materials w/o being indemnified and pay
damages (NCC, Art 445 and 449, by analogy); damages (NCC, Articles 445 and 449, by
and analogy); ans
2. Pay necessary expenses for preservation. (NCC, 2. Recover necessary expenses for preservation of
Articles 452 and 546).
land without
the right to
retain the thing
until the
indemnity is
paid. (NCC,
Articles 452

Bad faith
As though both acted in good faith (in pari delicto)( NCC, Art. 453)(1999 Bar).
Rule when the land owner is NOT the builder, planter or sower
Land Owner
Good faith
He can either: (NCC, Art. 448) (1992, 1996, 2000,
2001 Bar).
1. Acquire improvements after paying indemnity for:
a. Necessary expenses; and
b. Useful expenses which could either be:
a. Original costs of improvements; or
b. Increase in the value of the whole (NCC,
Articles 443 and 546).
2. Sell the land to builder or planter or collect rent
from sower unless the value of the land is
considerably greater than the building etc., in
which case, the builder and planter shall pay rent.
The parties shall agree upon the terms of the lease and
in case of disagreement, the court shall fix the In such case, he shall pay reasonable rent.
terms thereof.
The parties shall agree upon the terms of the lease and in case
Good faith
1. The land owner can either:
a. Acquire improvements without paying
indemnity and collect damages (NCC, Articles
445, 449 and 451).
b. Order the demolition of work or restoration to
former condition and collect damages in both
cases (NCC, Art. 450); or
c. Sell the land to builder and planter or rent it to
the sower, and collect damages in both cases
(NCC, Art. 450)(2008 Bar).
2. Pay necessary expenses for preservation (NCC,
Articles 452 and 546).
Bad Faith
Acquires improvements after paying indemnity and
damages to builder, planter, sower, unless the latter
decides to remove (NCC, Articles 454 and 447).
He cannot compel the builder planter or sower to buy
the land.
and 546).
Bad faith
Builder, Planter, Sower and Owner of Materials
Good faith
If the Land Owner:
1. Acquires the improvements after paying indemnity,
Builder, Planter, or Sower has the right to retain the thing
(and cannot be required to pay rent) until indemnity is
paid (NCC, Art. 546) .
If the useful improvements can be removed without
damage to the principal thing, the Builder, Planter or
Sower may remove them, unless the person who
recovers the possession exercises the other (NCC,
Articles 547 and 447).
2. Sells the land, Builder or Planter cannot be obliged to buy
the land if its value is considerably more than that of the
building or trees.
of disagreement, the court shall fix the terms thereof (NCC,
Art. 448)(1992, 1996, 1999,
2000, 2001 Bar).
Bad faith
1. Lose improvements without right to be indemnified
unless the latter sells the land (NCC, Art. 449)(1996,
2000 Bar).
2. Recover necessary expenses for preservation of land
without the right to retain the thing until the indemnity is
paid (NCC, Articles 452 and 546).
3. Pay damages to land owner (NCC, Art. 451).
Good Faith
1. Receive indemnity for improvements and receive
damages; or
2. Remove them in any event and receive damages
(NCC, Aricles 454 and 447).
 The reason why said article (NCC, Art. 447) applies
may be explained as follows:

That if the land owner knew that something was

being built, planted or sown on his land by another
and he did not interpose any objection thereto, it is
as if he was the one building, planting or sowing in
bad faith on his own land with materials belonging
to another, using the owner of the materials as his
worker (Rabuya, 2008).
Bad Faith
Bad Faith

As though both acted in good faith (in pari delicto) (Art. 453).

Rule when the land owner, builder, planter, sower and owner of materials are different persons

Land Owner Builder, Planter, Sower Owner of Materials

Good faith Good faith Good faith

Pay value of materials to its owner

He shall answer subsidiarily for their value
and only in the event that the one who
made use of them has no property with
which to pay (NCC, Art. 455).
and
He can either: (NCC, Art. 448)
1. Acquire improvements after paying
indemnity for:
a. Necessary expenses; and
b. Useful expenses which could
either be:
a. Original costs of
improvements; or
b. Increase in the value of the
whole (NCC, Art. 546 & 443). If the useful improvements can be
2. Sell the land to builder and planter or
collect rent from sower unless the
value of the land is considerably
greater than the building etc., in which
case, the builder and planter shall pay
rent.
The parties shall agree upon the terms of
the lease and in case of disagreement,
the court shall fix the terms thereof.
without paying damages(NCC, Art. 455).
a. Collect value of materials primarily
and from builder, planter, sower,
subsidiarily from land owner
If the Land Owner: (NCC, Art. 455); or
1. Acquires the improvement, Builder, b. Remove the materials only if w/o
Planter, or Sower may demand from injury to the work constructed,
the landowner the value of the or without the plantings,
materials and labor (NCC, Art 455). constructions or works being
destroyed (NCC, Art. 447).
And he has the right to retain the thing
(and cannot be required to pay NOTE: Landowner is subsidiarily
rent) until indemnity is paid (NCC, liable only if he
Art. 546). appropriates/acquires the
improvements.
removed without damage to the
principal thing, the possessor in
good faith may remove them, unless
the person who recovers the
possession exercises the other
(NCC, Articles 547 and 447); or
2. Sells the land or rents it, Builder or
Planter cannot be obliged 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.
 The parties shall agree upon the terms of
the lease and in case of
disagreement, the court shall fix the
terms thereof (NCC, Art. 448).

Good faith Good faith Bad faith

If the Land Owner:

Land Owner can either: (NCC, Art. 448)
1. Loses materials without right to
indemnity (NCC, Art. 449); and
1. Acquire improvements after paying 1. Acquires the improvement,
indemnity for: Builder, Planter, or Sower has the 2. Pays damages (NCC, Art. 451)
a. Necessary expenses; and right to retain the thing (and
b. Useful expenses which could cannot be required to pay rent) The builder, planter or sower would
either be: until indemnity is paid (NCC, Art. be considered merely an agent of
a. Original costs of 546). the owner of materials.
improvements; or
b. Increase in the value of the If the useful improvements can be
Therefore, the provisions of Article
whole (NCC, Articles 546 and removed without damage to the 449 of the Civil Code will apply by
443). principal thing, the possessor in analogy. He is even liable for
good faith may remove them, damages (Rabuya, 2008).
2. Sell the land to builder and planter or unless the person who recovers
collect rent from sower unless the the possession exercises the other
value of the land is considerably (NCC, Art. 547); or
greater than the building etc., in which
case, the builder and planter shall pay 2. Sells or rents it, Builder or Planter
rent. cannot be obliged to buy the land if
its value is considerably more than
The parties shall agree upon the that of the building or trees.
terms of the lease and in case of
disagreement, the court shall fix the In such case, he shall pay reasonable
terms thereof. rent.

Without subsidiary liability for cost of The parties shall agree upon the terms
materials. of the lease and in case of
disagreement, the court shall fix
the terms thereof (NCC, Art. 448).

Without indemnity to owner of

materials and collects damages
from him.

Good Faith Bad Faith Bad Faith

 1. Recover value from Builder,
1. Option to:
1. Lose improvements without right Planter, Sower (in pari delicto);
a. Acquire improvements without
to be indemnified unless the
paying indemnity and collect
landowner sells the land (NCC, 2. If Builder, Planter, Sower
damages (NCC, Articles 445 and
Art. 449); acquired improvements,
449);
remove the materials only if
b. Order the demolition of work or
2. Recover necessary expenses for without injury to the work
restoration to former condition
preservation of land without the constructed, or without the
and collect damages in both cases
right to retain the thing until the plantings, constructions or
(NCC, Art. 450); or
indemnity is paid (NCC, Articles works being destroyed (NCC,
c. Sell the land to builder and
452 and 546); Art. 447);
planter or rent it to the sower,
and collect damages in both cases
3. Pay the value of the materials to 3. No action against land owner;
(NCC, Art. 450);
the owner of the materials.; and and
2. Has right to demand damages from
Since both the owner of the materials 4. May be liable to the land owner
both (NCC, Art. 451);
and the builder, etc. acted in bad faith, for damages (NCC, Art. 451).
as between them, they are treated as
3. Pay necessary expenses for
having both acted in good faith (De
preservation (NCC, Art. 452 & 546);
Leon, 2006).
and
4. Pay damages to land owner (NCC,
4. Not subsidiarily liable to the owner of
Art. 451).
the materials because as to him, the
two acted in bad faith (De Leon, 2006).

Bad faith Bad faith Bad faith

Same as though both acted in good faith (in pari delicto)( NCC, Art. 453).

Bad faith Good faith Good faith

If he pays the owner of the materials, 1. Collect value of materials

1. Acquires improvements after paying
plants or seeds: primarily from builder, planter,
indemnity and damages, unless the
sower, subsidiarily from land owner
latter decides to remove (NCC, Art. 454,
(NCC, Art. 455); or
447 & 443); and i. He may demand from the
landowner the value of the 2. Remove the materials in any
2. Cannot compel builder, planter and materials and labor (NCC, Art 455) event, with a right to be indemnified
sower to buy land. and shall also be obliged to the for damages (NCC, Art. 447).
reparation of damages (NCC, Art.
447); or
ii. Remove the materials in any event,
with a right to be indemnified for
damages (NCC, Articles 454 and
447).

Bad faith Bad faith Good faith

Pay value of materials to its owner

The owner of the land shall answer
subsidiarily for their value and only in the
event that the one who made use of them
has no property with which to pay (NCC,
Art. 455).
and
Land Owner can either: (NCC, Art. 448)
(NCC, Art. 455) 1. Collect value of materials primarily
from builder, planter, sower,
and subsidiarily from land owner
(NCC, Art. 455); or
If the Land Owner:
2. Remove the materials in any event,
1. Acquires the improvement, Builder, with a right to be indemnified
Planter, or Sower may demand from for damages (NCC, Art. 447).
the landowner the value of the
 1. Acquire improvements after paying materials and labor (NCC, Art 455).
indemnity for:
a. Necessary expenses, and he has the right to retain the thing (and
b. Useful expenses which could either cannot be required to pay rent) until
be: indemnity is paid (Art. 546).
i. Original costs of
improvements he useful improvements can be removed
ii. Increase in the value of the without damage to the principal thing,
whole (NCC, Articles 546 and the possessor in good faith may remove
443). them, unless the person who recovers
the possession exercises option 2 (NCC,
2. Sell the land to builder and planter or Articles 547 and 447);
collect rent from sower unless the value of
the land is considerably greater than the 2. Sells or rents it, Builder or Planter
building etc., in which case, the builder and cannot be obliged to buy the land if its
planter shall pay rent. value is considerably more than that of
the building or trees.
parties shall agree upon the terms of the
lease and in case of disagreement, the court uch case, he shall pay reasonable rent.
shall fix the terms thereof.
parties shall agree upon the terms of the
lease and in case of disagreement, the
court shall fix the terms thereof (NCC,
Art. 448).
Good faith Bad faith Good faith

1. Collect value of materials

1. Lose improvements without right to primarily from builder, planter,
1. Option to: be indemnified unless the sower, subsidiarily from land
landowner sells the land (NCC, Art. owner (NCC, Art. 455); or
a. Acquire improvements without 449);
paying indemnity and collect
damages (NCC, Art. 445 & 2. Recover necessary expenses for 2. Remove materials in any event
449); preservation of land without the if builder, planter, sower
b. Order the demolition of work or right to retain the thing until the acquired materials.
restoration to former condition indemnity is paid (NCC, Art. 452
and collect damages in both & 546);
cases (NCC, Art. 450); or
c. Sell the land to builder and 3. Pay value of materials to its owner
planter or rent it to the sower, plus damages (NCC, Art. 455);
and collect damages in both and
cases
(NCC, Art. 450)(2008 Bar).
4. Pay damages to land owner (NCC,
2. Pay necessary expenses for Art. 451).
preservation (NCC, Articles 452 and 546);
and
3. Subsidiarily liable to owner
of materials.

Bad faith Good faith

Bad faith
 If he pays the owner of the materials,
1. Acquires improvements after paying plants or seeds:
indemnity and damages, unless the 1. Loses materials without right to
builder, planter or sower decides to indemnity (NCC, Art. 449); and
1. He may demand from the
remove (NCC, Art. 454, 447 & 443);
landowner the value of the
and
materials and labor (NCC, Art. 2. Pays damages (NCC, Art. 451).
455) and shall also be obliged to
2. Cannot compel builder, planter and
the reparation of damages (NCC,
sower to buy land.
Art. 447); or The builder, planter or sower would
2. Remove the materials in any be considered merely an agent
event, with a right to be of the owner of materials.
indemnified for damages (NCC,
Articles 454 and 447).
Therefore, the provisions of Article
449 of the Civil Code will apply
by analogy. He is even liable
for damages. (Rabuya, 2008).