This case has been cited 2 times or more.
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2012-11-14 |
DEL CASTILLO, J. |
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| Article 448 of the Civil Code applies when the builder believes that he is the owner of the land or that by some title he has the right to build thereon,[60] or that, at least, he has a claim of title thereto.[61] Concededly, this is not present in the instant case. The subject property is covered by a Contract to Sell hence ownership still remains with petitioner being the seller. Nevertheless, there were already instances where this Court applied Article 448 even if the builders do not have a claim of title over the property. Thus: This Court has ruled that this provision covers only cases in which the builders, sowers or planters believe themselves to be owners of the land or, at least, to have a claim of title thereto. It does not apply when the interest is merely that of a holder, such as a mere tenant, agent or usufructuary. From these pronouncements, good faith is identified by the belief that the land is owned; or that by some title one has the right to build, plant, or sow thereon. | |||||
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2011-08-24 |
PEREZ, J. |
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| This interplay of rules and exceptions is more pronounced in this case of quasi-delict in which, according to Article 2176 of the Civil Code, whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. To sustain a claim based on quasi-delict, the following requisites must concur: (a) damage suffered by the plaintiff; (b) fault or negligence of defendant; and (c) connection of cause and effect between the fault or negligence of defendant and the damage incurred by the plaintiff.[15] These requisites must be proved by a preponderance of evidence.[16] The claimants, respondents in this case, must, therefore, establish their claim or cause of action by preponderance of evidence, evidence which is of greater weight, or more convincing than that which is offered in opposition to it.[17] | |||||