Heirs of Marcelino Cabal v. Spouses Lorenzo Cabal

Summary

This case involves a land dispute between co-heirs over a 423-square meter property. Marcelino Cabal built his house in 1949 with his father's consent on what he believed was his inheritance. After subdivision in 1976, it was discovered he was occupying a different lot than what was titled in his name. His brother Lorenzo, who acquired the lot Marcelino actually occupied, filed suit for recovery of possession. The Supreme Court reversed lower courts' decisions, finding Marcelino was a builder in good faith who should be protected under Civil Code Article 448. The case was remanded to determine proper application of the law regarding improvements made in good faith on another's land, including options for the landowner to either appropriate the improvements with indemnity or sell the land to the builder.