Petitioner
Spouses Rafael Benitez
Respondent
Court of Appeals
Citation
G.R. No. 104828
Court
Supreme Court
Division
Third Division
Ponente
Panganiban, J.
Decided
January 16, 1997

Summary

This case involves spouses Rafael and Avelina Benitez who purchased property in 1986, and spouses Renato and Elizabeth Macapagal who bought adjacent land in 1989. A relocation survey revealed that 46.50 square meters of the Macapagals' property was encroached upon by the Benitez house. After demands to vacate were ignored, the Macapagals filed an ejectment case. The Supreme Court affirmed lower court decisions favoring the Macapagals, ruling that ejectment was the proper remedy despite the Benitez's prior occupation, that the MeTC had jurisdiction, that damages for occupancy were properly awarded, and that the option to sell encroached land belongs solely to the landowner under Article 448 of the Civil Code. The Court found the Benitez acted in bad faith and rejected their claim for a pre-emptive right to purchase the disputed portion.

Statutes applied

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By the Intellegal Editorial Board · January 16, 1997

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