Ernesto Basquiñez Saniano v. Joselina Basquiñez Sañano

Summary

This Supreme Court case involves a property dispute between siblings over a 120-square meter lot in Albay. Petitioners Ernesto and Ernest Saniano constructed a building on land owned by respondent Joselina Sañano without her consent, leading to a case for recovery of possession and damages. All court levels consistently found petitioners to be builders in bad faith, as they admittedly built on land they knew belonged to Joselina without establishing her implied consent. The Supreme Court applied Civil Code provisions on builders in bad faith, ruling that Joselina has the right to appropriate the building without paying indemnity, demand its demolition at petitioners' expense, or compel payment for the land value. The Court awarded P10,000.00 nominal damages and remanded the case for Joselina to exercise her options under Articles 449-451 of the Civil Code. This case reinforces the principle that builders in bad faith forfeit their improvements without right to indemnity and establishes the landowner's various remedial options in such situations.