Bernardo v. Bataclan G.R. No. L-43456 May 6, 1935 Vickers, J. By: Galvez Petitioner: Vicente Sto. Domingo Bernardo Respondent: CATALINO BATACLAN, Defendant-Appellant TORIBIO TEODORO
Bernardo v. Bataclan G.R. No. L-43456 May 6, 1935 Vickers, J. By: Galvez Petitioner: Vicente Sto. Domingo Bernardo Respondent: CATALINO BATACLAN, Defendant-Appellant TORIBIO TEODORO
Bernardo v. Bataclan G.R. No. L-43456 May 6, 1935 Vickers, J. By: Galvez Petitioner: Vicente Sto. Domingo Bernardo Respondent: CATALINO BATACLAN, Defendant-Appellant TORIBIO TEODORO
Bataclan land of about 90 hectares situated in sitio Balayunan, Silang Cavite from
G.R. No. L-43456; May 6, 1935 Pastor Samonte and others.
VICKERS, J. ○ To secure possession of the land from the vendors, Bernardo
By: Galvez instituted Civil Case No. 1935 in the Court of First Instance of Cavite.
________________________________________________________________________ ○ The trial court found for the plaintiff in a decision which was affirmed
Petitioner: V ICENTE STO. DOMINGO BERNARDO by this Supreme Court on appeal (G. R. No. 33017).
Respondent: CATALINO BATACLAN, defendant-appellant; TORIBIO TEODORO, ● When Bernardo entered upon the premises, however, he found the defendant
purchaser-appellee herein, Catalino Bataclan, who appears to have been authorized by former
owners, as far back as 1922, to clear the land and make improvements
Doctrine: thereon.
● The Civil Code confirms certain time-honored principles of the law of ● As Bataclan was not a party in Case No. 1935, Bernardo instituted against
property. One of these is the principle of accession whereby the owner of Bataclan, Civil Case No. 2428.
property acquires not only that which it produces but that which is united to it ○ In this case, plaintiff was declared owner but the defendant was held
either naturally or artificially. (Art. 353.) to be possessor in good faith, entitled to reimbursement in the total
○ Whatever is built, planted or sown on the land of another, and the sum of P1,642, for work done and improvements made.
improvements or repairs made thereon, belong to the owner of the ○ Both parties appealed to this court (G. R. No. 37319). The decision
land (art. 358). appealed from was modified:
● Where, however, the planter, builder, or sower has acted in good faith, a ■ by allowing the defendant to recover compensation amount
conflict of rights arises between the owners and it becomes necessary to to P2,212 and
protect the owner of the improvements without causing injustice to the ■ by reducing the price at which the plaintiff could require the
owner of the land. defendant to purchase the land in question from P300 to
● In view of the impracticability of creating what Manresa calls a state of P200 per hectare.
"forced co-ownership" (vol. 3, 4th ed., p. 213), the law has provided a just and ● The court gave the plaintiff 30 days within which to choose between the sale
equitable solution by giving the owner of the land the option to acquire the of the land or to buy the works.
improvements after payment of the proper indemnity or to oblige the builder ○ Bernardo decided to sell the land to the defendant but the latter
or planter to pay for the land and the sower to pay the proper rent (art. 361). informed the court that he is unable to pay the sum required.
● It is the owner of the land who is allowed to exercise the option because his ○ The court then awarded the respondent 30 days to purchase the land
right is older and because, by the principle of accession, he is entitled to the or else the property will be sold in a public auction.
ownership of the accessory thing (3 Manresa, 4th ed., p. 213). ● On April 24, 1934, the lower court, at the instance of the plaintiff and without
________________________________________________________________________ objection on the part of the defendant, ordered the sale of the land in
question at public auction.
FACTS: ● In the auction sale, Toribio Teodoro was the highest bidder for 8,000 Pesos.
● By a contract of sale executed on July 17, 1920, the plaintiff herein, Vicente The purchaser sought judicial remedy for the possession of the property.
Santo Domingo Bernardo (Bernardo), acquired ownership of the parcel of
ISSUE: ● Bataclan could have become the owner of both land and improvements and
Whether Bataclan lost his right to retain the property pending payment for indemnity. continued in possession thereof, but he said he could not pay and the land
was sold at public auction to Toribio Teodoro.
RULING: YES. ● The law requires no more than that the owner of the land should choose
between indemnifying the owner of the improvements or requiring the latter
Short answer: Due to the failure and inability of the defendant to pay the purchase to pay for the land.
price, the subject property was sold in a public auction which Bernardo asked for, ○ When Bataclan failed to pay for the land, he lost his right of retention.
without any protest from Bataclan. Therefore, the court found no reason to keep the ● The sale at public auction having been asked by the plaintiff himself and the
property in the possession of the defendant. purchase price of P8,000 received by him from Toribio Teodoro, the Court
found no reason to justify a rupture of the situation has created between
Discussion: them, the defendant- appellant not being entitled, after all, to recover from
● The Civil Code confirms certain time-honored principles of the law of the plaintiff the sum of P2,212.
property. One of these is the principle of accession whereby the owner of
property acquires not only that which it produces but that which is united to it The judgment of the lower court is accordingly modified by eliminating therefrom the
either naturally or artificially. (Art. 353.) reservation made in favor of the defendant- appellant to recover from the plaintiff the
○ Whatever is built, planted or sown on the land of another, and the sum of P2,212. In all other respects, the same is affirmed, without pronouncement
improvements or repairs made thereon, belong to the owner of the regarding costs. So ordered.
land (art. 358).
● Where, however, the planter, builder, or sower has acted in good faith, a
conflict of rights arises between the owners and it becomes necessary to
protect the owner of the improvements without causing injustice to the
owner of the land.
● In view of the impracticability of creating what Manresa calls a state of
"forced co-ownership" (vol. 3, 4th ed., p. 213), the law has provided a just and
equitable solution by giving the owner of the land the option to acquire the
improvements after payment of the proper indemnity or to oblige the
builder or planter to pay for the land and the sower to pay the proper rent
(art. 361).
● It is the owner of the land who is allowed to exercise the option because his
right is older and because, by the principle of accession, he is entitled to the
ownership of the accessory thing (3 Manresa, 4th ed., p. 213).
● In this case, Bernardo, as owner of the land, chose to require Bataclan to pay
for the land.