Pedro Angeles v. Estelita B · G.R. 157150

Petitioner: Pedro Angeles
Respondent: Estelita B. Pascual
Citation: G.R. No. 157150
Court: Supreme Court
Division: First Division
Ponente: Bersamin, J.
Decided: September 21, 2011

Summary

This property dispute between neighbors involved encroachment when Pedro Angeles' house was found to occupy 252 of 318 square meters of Regidor Pascual's adjacent lot in Cabanatuan City. The encroachment was discovered through relocation surveys conducted after a foreclosure on nearby property. The RTC initially ordered removal of the encroaching portion, but the Court of Appeals applied Civil Code Article 448, recognizing Angeles as a builder in good faith and granting Pascual options to buy the improvement or sell the land. The Supreme Court affirmed, emphasizing that factual determinations regarding survey evidence were not reviewable, and that Article 448 properly applied to protect both the land owner's rights and the good faith builder's interests through various remedial options including purchase, sale, or lease arrangements.

Statutes applied

Civil Code, Art. 448

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By the Intellegal Editorial Board · September 21, 2011

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