Santos Vs.

Mojica
Gr no. L-25450, January 31, 1969

Facts:
Eleven brothers and sisters, all surnamed Allanique brought an action
against sister, Lorenza Allanique, et. al. for partition and annulment of
certain conveyances of a 360-square-meter lot situated at San Dionisio,
Parañaque, Rizal.

The Trial Court rendered judgment ordering for the partition of the land
among the Allanique siblings, including Lorenza. In a subsequent order, the
Court set-off Lorenza Allanique’s share against the amount that she had
failed to pay as rents to her siblings, as directed in the Trial Court’s decision.
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

A writ of execution was issued.

Leonardo Santos, son of Lorenza Allanique, owned a house standing on

that lot. Since Lorenza Allanique and son, Leonardo refused to remove
their houses, the court ordered for the demolition of said houses.

Leonardo and Lorenza then filed a petition for certiorari and prohibition
against Judge Angel Mojica questioning the jurisdiction of the Lower
Court which was subsequently denied by the Supreme Court.
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

Lorenza voluntarily removed her house. The only house that remained
was that of Leonardo.

For second time again, on motion of the Allanique Siblings, Leonardo’s

house was ordered for demolition.

Hence, the present petition for certiorari and prohibition again Judge
Mojica, questioning the jurisdiction of the respondent Judge in issuing
the order of demolition of his house.
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

Issue:
WON the petition for certiorari and prohibition should be denied.

Ruling:
Yes.
First, petitioner Leonardo Santos is bound by the judgment of the Civil Case No.
217-R because he is a successor-in-interest of his parents Simeon Santos and
Lorenza Allanique, defendants in the said Civil Case. Hence, the judgment in
said civil case binds not only Simeon and Lorenza but also their son, Leonardo
Santos, who is their successor-in-interest and who claims under them.
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

Leonardo Santos’ house having been built and reconstructed into a

bigger one after his predecessors-in-interest, his parents had been
summoned in 1959 in a Civil Case, he must be deemed a builder in bad
faith. As builder in bad faith, he lost the improvement made by him
consisting of the reconstructed house to the owners of the land
without the right to indemnify, pursuant to Art. 449 of the Civil Code,
which provides:
Art.449. He who builds, plants or sows in bad faith on the land of
another, loses what is built, planted or sown without right to
indemnity.
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

The Allanique brothers and sisters therefore become owners of the

improvement consisting of a house built in bad faith by Leonardo
Santos if they chose to appropriate the accession per Articles 445 and
449, CC.
However, the said owners choose the demolition of the improvements
or building pursuant to Art. 450, CC, which, in part provides:
Art.450. The owner of the land on which anything has been built, planted
or sown in bad faith may demand the demolition of the work, 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…
 Santos Vs. Mojica
Gr no. L-25450, January 31, 1969

Second, the present petition is barred by res judicata. The question on

the validity of the demolition order has already been decided by the
Supreme Court and such decision is res judicata to the present petition
raising the same question of validity involving same parties and same
subject matter.