TECHNOGAS PHIL. v. CA
A. When the petitioner purchased the lot, the
FACTS wall was already built. Even the respondent did
not knew about the encroachment until he has
Petitioner bought a lot together with the
hired a surveyor.
building and improvements including the wall
which encroached that of the defendant. Upon
learning of such encroachment, petitioner B. Where one derives title to the property from
offered to buy the land but defendant refused. another, the act, declaration, or omission of the
latter, while holding the title, in relation to the
After 2 years, through an agreement, petitioner
property, is evidence against the former. And
agreed to demolish the wall (but the case did not
possession in good faith does not lose this
state what happened to this agreement, my
character except when the possessor is aware of
assumption is that it did not happen due to
this impropriety.
conflicts that arose after)
An
The RTC said that uncles built in good faith
action of partition was filed by the plaintiffs.
therefore that exempts them from damages. Art
Together with the
448 therefore applies But things didn’t go to well
defendants, they were owners pro-
for the Petitioner. The RTC said that if Petitioner
indiviso of a parcel of land. In the survey
opted to appropriate the sections of the
conducted by the trial court it was found that the
encroaching houses, the Uncles will be left with
defendant’s house encroached on the lot of
worthless hovels. Hence, RTC ordered Petitioner
plaintiff.
to just sell his land which was encroached. “No
Good!” cried Petitioner and he appealed to the
IAC. He lost again. Petitioner trooped to the SC
HELD: for vindication