- Petitioner
- Depra
- Respondent
- Dumlao
- Citation
- G.R. No. L-57348
- Court
- Supreme Court
- Decided
- May 16, 1985
Summary
This case involves a property encroachment dispute where defendant Dumlao's kitchen extended 34 square meters onto plaintiff Depra's registered land. The Supreme Court held that the Municipal Court's forced lease decision was null and void for exceeding jurisdiction, as detainer courts can only rule on possession, not create property interests. Applying Civil Code Article 448 on builders in good faith, the Court remanded the case to determine proper remedies, giving the landowner Depra the option to either pay for the improvements or sell the encroached portion. The decision establishes important precedent on jurisdictional limits of detainer courts and proper application of builder in good faith provisions, balancing property rights while preventing unjust enrichment.
Intellegal Wiki · Key Holding
Where a builder in good faith encroaches on adjoining land, the landowner has the option under Article 448 either to pay for the improvement or to sell the encroached land to the builder; the builder cannot be compelled to remove it.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.