Youtor
BAR TOPNOTCHER ANSWER CIVIL LAW
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BAR TIPS • #lawstudent • #lawstudentlife • Morning grind☕️⚖️ • ANSWER BY 2nd Placer • BAR QUESTION • CIVIL LAW • Issue • Whether A is entitled to recover the expenditures incurred in building the house on B’s land after the house was destroyed by fire of purely accidental origin. • Rule • Article 448 of the Civil Code of the Philippines provides that when a person builds on the land of another in good faith, the owner of the land has the option either to appropriate the building upon payment of the necessary and useful expenses incurred by the builder or to oblige the builder to pay the price of the land. Additionally, Article 546 of the Civil Code states that the owner of the land must reimburse the builder for necessary and useful expenses if the builder built in good faith. The principle of res perit domino (the thing perishes for the owner) also applies. • Application • A built a house on B’s land in the mistaken belief that the land was his own, indicating good faith. Upon discovering the error, B notified A of his election to appropriate the house. As per Article 448 of the Civil Code, this action obligated B to pay A the necessary and useful expenses incurred in building the house. Efforts to agree on the sum to be paid failed, leading A to initiate legal action to recover his expenses. Subsequently, the house was destroyed by an accidental fire. • The principle of res perit domino applies here. Once B elected to appropriate the house, the house became his property through accession. According to Article 546, the destruction of the house does not nullify B’s obligation to reimburse A for the expenses, as this obligation does not depend on the continued existence of the house. • Conclusion • A would be entitled to recover the expenditures incurred by him in building the house from B, despite the house being destroyed by a fire of purely accidental origin, as B’s obligation to reimburse A arose from his election to appropriate the house, making it his property through accession, in accordance with Articles 448 and 546 of the Civil Code of the Philippines. • ✍🏻 • ANSWER OF TOP 2 : • ANSWER (CLR Formula): • Conclusion • A would be entitled to recover the expenditures incurred by him in building the house. • Legal Basis • The law provides that when something is built in good faith upon the land of another, the latter shall have the option to appropriate the same upon payment of the expenses to the builder, or to require the builder to pay the price of the land on which said building was constructed. • Reasoning • In the exercise of this option, B elected to appropriate the house. By so doing, he incurred the obligation to pay the expenses to A, which is an obligation which does not depend on the continued existence of the house. • It may be said that his exercise of the option given by law made the house his own by accession. Res perit domino; hence, he must bear the loss and pay the expenses.
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