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Bicerra vs. Teneza

The Bicerras owned a house worth P200,000 that was built on land they owned in Lagangilang, Abra. In January 1957, the Tenezas forcibly demolished the house, claiming ownership. The Bicerras filed a complaint seeking damages of P800 for the destruction of the house. The court of first instance dismissed the case, saying it did not have jurisdiction. The issue is whether the case involves a title to real property that would give the court of first instance jurisdiction. The Supreme Court held that while a house is normally considered real property, once demolished it loses that status, making this a case about damages rather than title to land. Therefore, the court of first instance properly had

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Lorenzo Hammer
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44 views1 page

Bicerra vs. Teneza

The Bicerras owned a house worth P200,000 that was built on land they owned in Lagangilang, Abra. In January 1957, the Tenezas forcibly demolished the house, claiming ownership. The Bicerras filed a complaint seeking damages of P800 for the destruction of the house. The court of first instance dismissed the case, saying it did not have jurisdiction. The issue is whether the case involves a title to real property that would give the court of first instance jurisdiction. The Supreme Court held that while a house is normally considered real property, once demolished it loses that status, making this a case about damages rather than title to land. Therefore, the court of first instance properly had

Uploaded by

Lorenzo Hammer
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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BICERRA VS.

TENEZA

FACTS:

The Bicerras were the owners of the house, worth P200.00, built on and owned by them and situated in the
said municipality Lagangilang. In January 1957, the Tenezas forcibly demolished the house, claiming to be the
owners thereof. The materials of the house, after it was dismantled, were placed in the custody of the barrio
lieutenant of the place.The Bicerras filed a complaint claiming actual damages of P200, moral and
consequential damages amounting to P600, and the costs. The CFI Abra dismissed the complaint claiming
that the action was within the exclusive (original) jurisdiction of the Justice of the Peace Court of Lagangilang,
Abra.

ISSUE: W/N The action involves title to real property, as appellants contend, and therefore is cognizable by
the Court of First Instance.

HELD: Yes, the action involves a real property.

A house is classified as immovable property by reason of its adherence to the soil on which it is built (Art. 415,
par. 1, Civil Code). This classification holds true regardless of the fact that the house may be situated on land
belonging to a different owner. But once the house is demolished, as in this case, it ceases to exist as such
and hence its character as an immovable likewise ceases. It should be noted that the complaint here is for
recovery of damages. This is the only positive relief prayed for by appellants. To be sure, they also asked that
they be declared owners of the dismantled house and/or of the materials. However, such declaration in no
wise constitutes the relief itself which if granted by final judgment could be enforceable by execution, but is
only incidental to the real cause of action to recover damages.

The order appealed from is affirmed. The appeal having been admitted in forma pauperis, no costs are
adjudged.

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