This case has been cited 2 times or more.
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2012-10-24 |
PERALTA, J. |
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| It is noted that when the contract of lease was executed, Uniwide was unaware that the property leased by it was owned by another person other than Dolores Baello. Nevertheless, Uniwide cannot avail of the rights of a builder in good faith under Article 448[49] of the Civil Code, in relation to Article 546 of the same Code, which provides for full reimbursement of useful improvements and retention of the premises until reimbursement is made, as the said provisions apply only to a possessor in good faith who builds on land with the belief that he is the owner thereof.[50] It does not apply where one's only interest is that of a lessee under a rental contract.[51] | |||||
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2009-06-22 |
CORONA, J. |
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| Article 1678 modified the (old) Civil Code provision on reimbursement where the lessee had no right at all to be reimbursed for the improvements introduced on the leased property, he being entitled merely to the rights of a usufructuary - the right of removal and set-off but not to reimbursement.[21] | |||||