LANDOWNER BUILDER, PLANTER or SOWER OWNER of MATERIALS

i. Right to receive the value

of the materials OR
i. Right to appropriate the materials w/ payment of its value
ii. Limited right to remove
the materials (w/o injury to
works constructed)
i. Loss of material W/O
i. Can appropriate the materials W/O paying its value AND
recovery of its value AND
ii. Right to receive damages
ii. Liable for damages
i. Right to reimbursement
OR
i. Can appropriate if owner of materials chooses reimbursement OR ii. Absolute right of removal
ii. No right at all if owner of materials chooses removal (even if w/ injury to works
constructed)
PLUS liable for damages in both cases
PLUS right to receive
damages in both cases
SAME W/ GOOD FAITH SAME W/ GOOD FAITH
i. Right to appropriation w/
payment of indemnity under
Art. 546 & 548 OR
ii. Oblige the builder/planter – i. Right to reimbursement of expenses under Art. 546 & 548 if
pay the price of the land; landowner chooses to appropriate (w/ Right of Retention) OR
sower – pay for rent (exc: if ii. Right to retain if landowner chooses 2nd option, w/ payment of
value of land is considerably value or rent
higher than the value of
building, landowner cannot
compel builder to pay for its
value. In such case, landowner
may demand for rent)
i. Right to appropriation w/o
payment of indemnity (exc.
Necessary expenses) OR
ii. Right to demand removal in
i. No right to reimbursement (exc: necessary expenses) if landowner
order to replace the things in
chooses to appropriate OR
their former condition at the
ii. Liability to remove things at own expense if landowner chooses
expense of the builder OR
2nd option OR
iii. Right to demand the price
iii. Right to retain w/ payment of price or rent if landowner chooses
from the builder or the rent
3rd option
from the sower (even if value
of the land is considerably
PLUS liability to pay damages in all cases.
higher than that of
building/planting)

PLUS right to receive damages

in all cases
 i. Can appropriate if builder
chooses reimbursement OR
i. Right to reimbursement (w/ Right of Retention) OR
ii. No right at all if builder
ii. Absolute right of removal (even if w/ injury to works constructed)
chooses removal
PLUS right to receive damages in both cases
PLUS liable for damages in
both cases
SAME W/ GOOD FAITH SAME W/ GOOD FAITH
i. Right to appropriate w/
indemnity to BPS OR
ii. Oblige the builder/planter –
pay the price of the land; i. Right to receive indemnity if LO
i. Right to reimbursement of
sower – pay for rent (exc: if chooses to appropriate (w/ Right of
value of materials primarily
value of land is considerably Retention) OR
from BPS, and subsidiarily
higher than the value of ii. Right to retain if landowner
from LO OR
building, landowner cannot chooses 2nd option w/ payment of
ii. Right to remove if no
compel builder to pay for its value
injury caused
value. In such case, landowner iii. Primarily liable to OM for materials
may demand for rent)
iii. Subsidiarily liable to OM for
materials
i. Can appropriate if builder
i. Right to reimbursement (w/ Right of
chooses reimbursement OR
Retention) OR i. Right to reimbursement of
ii. No right at all if builder
ii. Absolute right of removal (even if value of materials primarily
chooses removal
w/ injury to works constructed) from BPS, and subsidiarily
iii. Subsidiarily liable to OM for
iii. Primarily liable to OM for materials from LO OR
materials
ii. Right to remove if no
PLUS right to receive damages from injury caused
PLUS liable for damages to BPS
LO in both cases
in both cases
i. Right to appropriation w/o
payment of indemnity (exc.
i. No right to reimbursement (exc:
Necessary expenses) OR
necessary expenses) if landowner i. Right to reimbursement of
ii. Right to demand removal in
chooses to appropriate OR value of materials primarily
order to replace the things in
ii. Liability to remove things at own from BPS w/ damages, and
their former condition at the
expense if landowner chooses 2nd subsidiarily from LO OR
expense of the builder OR
option OR ii. Right to remove if no
iii. Right to demand the price
iii. Right to retain w/ payment of price injury caused (if
from the builder or the rent
or rent if landowner chooses 3rd appropriated by builder)
from the sower (even if value
option iii. Absolute right of
of the land is considerably
iv. Primarily liable to OM for materials removal (even if w/ injury
higher than that of
to works constructed) if
building/planting)
PLUS liability to pay damages in all acquired by BPS
iv. Subsidiarily liable to OM for
cases.
materials
PLUS right to receive damages
from BPS in all cases
SAME W/ GOOD FAITH
i. Right to appropriate w/
indemnity to BPS OR
ii. Oblige the builder/planter –
pay the price of the land;
sower – pay for rent (exc: if
value of land is considerably
higher than the value of
building, landowner cannot
compel builder to pay for its
value. In such case, landowner
may demand for rent)
i. Can appropriate if builder
chooses reimbursement OR
ii. No right at all if builder
chooses removal
PLUS liable for damages to BPS
for all cases
i. Right to appropriation w/o
payment of indemnity (exc.
Necessary expenses) OR
ii. Right to demand removal in
order to replace the things in
their former condition at the
expense of the builder OR
iii. Right to demand the price
from the builder or the rent
from the sower (even if value
of the land is considerably
higher than that of
building/planting)
PLUS right to receive damages
from BPS in all cases
SAME W/ GOOD FAITH
*Blue = Good Faith
**Red = Bad Faith
i. Right to reimbursement of
value of materials primarily
from BPS, and subsidiarily
SAME W/ GOOD FAITH from LO OR
ii. Absolute right of removal
(even if w/ injury to works
constructed)
i. Right to receive indemnity if LO
chooses to appropriate (w/ Right of
Retention) OR i. Loss of material W/O
ii. Right to retain if landowner recovery of its value AND
chooses 2nd option w/ payment of ii. Liable for damages
value
i. Right to reimbursement (w/ Right of i. Loss of material W/O
Retention) OR recovery of its value AND
ii. Absolute right of removal (even if ii. Liable for damages
w/ injury to works constructed)
(mel’s opinion: dapat
PLUS right to receive damages from makarecover siya if LO
LO and OM in all cases appropriates improvement)
i. No right to reimbursement (exc:
necessary expenses) if landowner
chooses to appropriate OR
i. Right to reimbursement of
ii. Liability to remove things at own
value of materials from BPS
expense if landowner chooses 2nd
OR
option OR
ii. Limited right of removal if
iii. Right to retain w/ payment of price
BPS acquires improvements
or rent if landowner chooses 3rd
option
NO subsidiarly liability from
iv. Primarily liable to OM for materials
LO
PLUS liability to pay damages in all
cases.
SAME W/ GOOD FAITH SAME W/ GOOD FAITH