Pacific Farms Inc Vs Esguerra
Pacific Farms Inc Vs Esguerra
Pacific Farms Inc Vs Esguerra
G.R. No. L-21783 March 25, 1970 chanrobles virtual law library
CASTRO, J.:
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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