Pacific Farms Inc Vs Esguerra

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EN BANC

G.R. No. L-21783 March 25, 1970 chanrobles virtual law library

PACIFIC FARMS, INC., Plaintiff-Appellee, vs. SIMPLICIO G. ESGUERRA,


ET AL., defendants, CARRIED LUMBER COMPANY, Defendant-Appellant.

RESOLUTION chanrobles virtual law library

CASTRO, J.:

Subject of this resolution is a motion filed by the plaintiff-appellee Pacific


Farms, Inc. for reconsideration of our decision of November 29, 1969. chanroblesvirtualawlibrary chanrobles virtual law library

Briefly stated, the plaintiff-appellee's first argument is that it should not


have been found liable for the payment of the unpaid portion of the
procurement price of the lumber and construction materials furnished by the
appellant to its predecessor-in-interest, the Insular Farms, Inc., because it
was a purchaser for value and in good faith of the six buildings in question.
The flaw in this argument lies in its assumption that the reason we held the
appellee liable is that it was not a buyer in good faith and for value, which is
incorrect. When we applied article 447 of the Civil Code by analogy to this
case, we did so on the assumption that the plaintiff-appellee was in good
faith. Thus, after quoting said article, we stated:

Although it does not appear from the records of this case that the land upon
which the six buildings were built is owned by the appellee, nevertheless,
that the appellee claims that it owns the six buildings constructed out of the
lumber and construction materials furnished by the appellant, is indubitable.
Therefore, applying article 447 by analogy, we perforce consider the
buildings as the principal and the lumber and construction materials that
went into their construction as the accessory. Thus the appellee, if it does
own the six buildings, must bear the obligation to pay for the values of the
said materials; the appellant - which apparently has no desire to remove the
materials, and, even if it were minded to do so, cannot remove them without
necessarily damaging the buildings - has the corresponding right to recover
the value of the unpaid lumber and construction materials. (Decision, pp. 4-
5; emphasis supplied)

Indeed, because we assumed that the appellee was in good faith, we did not
pronounce it liable for the reparation of damages but only for the payment of
the unpaid price of the lumber and construction materials due to the
appellant as unpaid furnisher thereof. Based on this same assumption, we
likewise held that the appellant has no right to remove the materials but
only to recovery the value of the unpaid lumber and construction materials.
Thus, since the appellee benefited from the accession, i.e., from the lumber
and materials that went into the construction of the six buildings, it should
shoulder the compensation due to the appellant as unpaid furnisher of
materials, pursuant to the rule we cited in our decision that compensation
should be borne by the person who has been benefited by the accession.
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chanroblesvirtualawlibrary chanrobles virtual law

Under the overall environmental circumstances of the case, considering that


although the appellee was in a better position to protect its own interest it
took no action to intervene in the suit filed by the appellant against the
Insular Farms, Inc. or to hold the latter to account therefor, notwithstanding
that it concededly acquired knowledge, after its purchase from the Insular
Farms, Inc., on March 21, 1958 of the six buildings in question; of the filing
and pendency of the appellant's suit for payment of the unpaid balance of
the price of the lumber and construction materials delivered to the Insular
Farms, Inc. and used in the construction of the said buildings, the Court
believes that its decision upholding the sheriff's sale of the six buildings but
granting the appellee the option of redeeming the same by paying to the
appellant the unpaid balance with interest owing to it as supplier of the
construction materials, is completely in consonance with justice and
equity. chanroblesvirtualawlibrary chanrobles virtual law library

ACCORDINGLY, the plaintiff-appellee's motion for reconsideration dated


December 12, 1969 is hereby denied.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Fernando,


Teehankee, Barredo and Villamor, JJ., concur.

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