Onesimo Agapito v. Marilyn F. Agapito

Summary

This case involved siblings disputing reimbursement rights for improvements made on family property. Onesimo built a house on his sister Marilyn's titled land, occupying it for over 14 years by tolerance. When Marilyn demanded vacation without reimbursement, Onesimo claimed builder in good faith status under Civil Code Articles 448 and 546. Lower courts denied his claim finding mere tolerance insufficient for good faith. However, the Supreme Court found both parties acted in bad faith under Article 453, noting Marilyn's knowledge and non-opposition to construction for 14 years, evidenced by tax declarations under both names and their proximity as neighbors. The Court applied the rule that when both landowner and builder are in bad faith, rights are same as if both acted in good faith, giving landowner two options: appropriate improvements after reimbursement or sell land. Case was remanded for factual determination of improvement values.