This case has been cited 3 times or more.
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2009-01-20 |
PUNO, C.J. |
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| A notice of lis pendens neither affects the merits of a case nor creates a right or a lien.[38] It serves to protect the real rights of the registrant while the case involving such rights is pending resolution.[39] While the notice of lis pendens remains on a certificate of title, the registrant could rest secure that he would not lose the property or any part of it during the litigation.[40] Once a notice of lis pendens has been duly registered, any subsequent transaction affecting the land involved would have to be subject to the outcome of the litigation. For this reason, the Court has pronounced that a "purchaser who buys registered land with full notice of the fact that it is in litigation between the vendor and a third party stands in the shoes of his vendor and his title is subject to the incidents and result of the pending litigation."[41] | |||||
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2008-09-29 |
CARPIO MORALES, J. |
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| Ang likewise maintains that he should not be blamed for paying BA Finance and should thus be entitled to reimbursement and damages for, following Carrascoso, Jr. v. Court of Appeals,[21] in case of breach of an express warranty, the seller is liable for damages provided that certain requisites are met which he insists are present in the case at bar. | |||||
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2006-09-26 |
CALLEJO, SR., J. |
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| ART. 448. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Articles 546[29] and 548,[30] or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. However, the 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 a case, he shall pay reasonable rent, if the owner of the land does not choose to appropriate the building or trees after the proper indemnity. The parties shall agree upon the terms of the lease and in case of disagreement, the court shall fix the terms thereof. Following the above provision, the owner of the land on which anything has been built, sown or planted in good faith shall have the right to appropriate as his own the building, planting or sowing, after payment to the builder, planter or sower of the necessary and useful expenses, and in the proper case, expenses for pure luxury or mere pleasure.[31] | |||||