1. BPS on one’s own land with another’s materials: (Art.

447)
L.O. and B.P.S. are the same

Land Owner (LO) B,P,S Owner of Materials (OM)

GF GF

LO may: 1. Collect value of materials from

1.Acquire Improvement upon BPS (LO) (Art. 447) or
payment of its value (Ownership is 2. Remove the materials only if
transferred to LO), no damage is caused,
2.or Return the material to OM if
it can be returned in the same
form without damage to the land.
(Art. 447)

BF GF

Acquire the accessory after paying Option to 1. (If he chooses not to

value of the materials and remove the materials) Demand
Damages + (choice of OM) but value of Material (ownership is
subject to the right of the OM to transferred to LO) + damages or
remove. (Art. 447) 2. Demand return of materials in
any event (even if injury is caused
Criminal liability if applicable. ex. to the land) at the expense of the
theft LO (OM retains ownership) +
Damages (Art. 447)

GF (Apply Art. 455 450 and 449 by BF

analogy)

1. Demand demolition of the work Loses materials without right to

(in case of building) or indemnity + Damages. (Art. 449)
2. Remove the planting or sowing
in order to restore the land to its
former condition or
3. Compel the builder or planter to
pay the price of the land/sower to
pay rent. (Art. 450)

BF (BF of both cancels the other thus, BF

both are considered in GF) (Art.
453 par. 1 by analogy)

LO may: 1. Collect value of materials from

1.Acquire Improvement upon BPS (LO) (Art. 447) or
payment of its value (Ownership is 2. Remove the materials if it can
transferred to LO), be removed w/o damage to the
2.or Return the material to OM if land
it can be returned in the same
form without damage to the land.
(Art. 447)

2. BPS with ones own materials on the land of another: (Art.

448 to 454) (BPS and OM is the same)

LO B,P,S OM

GF GF (BPS and OM are the same) Art.

448

 1. Appropriate the work/sowing Right of reimbursement for

planting after payment of Necessary and Useful expenses
Necessary Expenses, Useful with Right of retention until
expenses with right of retention Necessary, useful and in some
until fully paid, Ornamental instances Ornamental expenses are
expenses shall not be paid, unless paid. (Art. 448 in relation to 546)
LO chooses to appropriate the
thing made for pure luxury and May Remove materials (ornaments
LO pays its value. or only) only if without injury to the
2. Oblige the builder and planter to principal. (Art. 447)
pay the price of the land and the
sower to pay rent, in case the In addition he is obliged to pay
value of improvement is not proper rent in case the LO chooses
considerably more than the to appropriate whatever is built,
value of the land. (Here B/P planted or sown on his land. (The
must pay otherwise LO may terms of lease shall be agreed upon
compel him to remove the by the parties, in case of
improvement.) (Right of remotion) disagreement, the court shall fix the
Masmura kase improvement kesa terms.)
sa lupa) (Art. 448)

Compel the BPS to Remove the Must pay for the value of the land if
Buildings, Plantings in case he he accepts the offer of the LO to sell
chooses no. 2 and BPS fails to pay the land; If BP fails to pay the agreed
for the land. price, he will lose his right of
retention and LO shall be entitled to
Now, If value of land is removal of improvement. (Art. 450)
considerably more than the value
of the building or tree. (Code is
silent) Three choices is suggested by
Atty. Rabuya which is based on
jurisprudence: to wit:

-They may decide to leave things as

they are and assume the relationship
of a lessor lessee (Filipinas College
Inc. vs. Garcia Timbang 1959) or

-Right of remotion (remove) (Ignacio

vs. Hilario)

-Sale of the land in public auction

proceeds to be applied first to the
value of the land and the excess to be
delivered to the builder in payment
thereof. (Filipinas College vs.
Timbang)

The choice is with the LO must make

the above choices as his right is
preclusive meaning he must make
the choice first before he can
compel the BPS to remove the
Accessory.LO makes the choice as
his right is older than the BPS and it
is in accord with the principle of
accession that Accessory follows the
principal (Land)

(Subsidiary liable to OM)

 GF BF (Art. 449 to 452)

Alternative rights (choose only

one) :

1. Appropriate whatever has been Loose the accessory w/o right to be

built, planted or sown (including indemnified (art. 449)
pending fruits) without need of
paying the Useful/Ornamental
expenses (Art. 449) Appropriate
pending fruits (Art. 449)
and
Damages (Art. 451)

2. Demand demolition even if Pay for the expenses incurred in

damages would be caused to the case the land owner chose to
accessory + damages. (Art. 450) demolish or remove whatever is built
or planted/sown on his land in order
to replace things their former
conditions (Art 450)

3. Compel the BP to pay the price of Pay for the value of the land whether
the land S to pay rent whether or or not the it is more than the value of
not it is considerably more than the building or trees; the sower must
the value of the accessory (Art. pay for the proper rent (Art. 450)
450) + Damages (Art. 451)

- Pay value of the necessary expenses -Right to Necessary Expenses (Art.

for preservation (Art. 452) 452) without right to retention.
(Obligation) (Right)

Demand damages (right) Pay damages (obligation)

BF GF (Art. 447 in relation to 454)

Right of Appropriation of whatever a. absolute right of removal of the

is planted, built or sown Except: improvements whether or not
When the BPS decides to remove the substantial injury is caused; plus
improvements whether or not damages; (ownership of
destruction would be caused. In this improvements still retains to him)
case, the improvements would still b. Right to reimbursement of the
belong to the BPS who in addition value of the building or trees or
will still be entitled to damages plants plus damages, in case he
chooses not to remove the
materials

BF BF (Art. 448 in relation to 453)

Apply rules if both are in good 1. apply rules if both are in good
faith faith

3. BPS on the land of another with materials belonging to a third

person (Art. 455 in relation to other articles) Three parties
(LO,BPS, OM)

LO BPS OM

GF GF GF
 1. Appropriate the work/sowing Right of reimbursement for
planting after payment of Necessary and Useful expenses a. Entitled to reimbursement from
Necessary Expenses, Useful with Right of retention until the BPS, principally; or
expenses with right of retention Necessary, useful and in some b. Can go after the LO if the BPS is
until fully paid, Ornamental instances Ornamental expenses are insolvent and LO uses the
expenses shall not be paid, paid. (Art. 448 in relation to 546) materials
unless LO chooses to appropriate
the thing made for pure luxury May Remove materials (ornaments
and LO pays its value. or only) only if without injury to the
principal. (Art. 447)
2. Oblige the builder and planter to
pay the price of the land and the In addition he is obliged to pay
sower to pay rent, in case the proper rent in case the LO chooses
value of improvement is not to appropriate whatever is built,
considerably more than the planted or sown on his land. (The
value of the land. (Here B/P terms of lease shall be agreed upon
must pay otherwise LO may by the parties, in case of
compel him to remove the disagreement, the court shall fix the
improvement.) (Right of terms.)
remotion) Masmura kase
improvement kesa sa lupa) (Art. Must pay for the value of the land if
448) he accepts the offer of the LO to sell
the land; If BP fails to pay the agreed
Compel the BPS to Remove the price, he will lose his right of
Buildings, Plantings in case he retention and LO shall be entitled to
chooses no. 2 and BPS fails to pay removal of improvement. (Art. 450)
for the land.
Additional Rights and Obligation of
Now, If value of land is the BPS:(Art. 455)
considerably more than the value 1. Principally liable to the OM;
of the building or tree. (Code is since he was the first to use the
silent) Three choices is suggested by materials;
Atty. Rabuya which is based on 2. If BPS is insolvent, LO shall be
jurisprudence: to wit: subsidiarily liable, provided the
latter chose to use the materials;
Leave the thing as is 3. If the BPS pays the OM, BPS may
Right of remotion demand from landowner the
Sale of the land in public auction value of the materials and labor
(provided LO did not appropriate
Additional Rights and Obligation the materials because he did not
of the LO: (art. 455) profit from the accession)
1. Subsidiarily liable for the value
of the materials to OM in the
event that the BPS is insolvent.
2. The landowner can only make
use of the materials if he
appropriates the construction;
(LO subsidiarily liable)
3. If he compels the BPS to
purchase the land; or to demolish
the construction, the landowner
does not make use of the
materials, thus he cannot be
made subsidiarily liable to the
OM for the value thereof;
4. If the BPS pays the OM, BPS may
demand from landowner the value
of the materials and labor
(provided LO did not appropriate
the materials because he did not
profit from the accession)

GF GF BF

 1. Appropriate the work/sowing Right of reimbursement for Loose all the rights to be indemnified
planting after payment of Necessary and Useful expenses
Necessary Expenses, Useful with Right of retention until Damages
expenses with right of retention Necessary, useful and in some
until fully paid, Ornamental instances Ornamental expenses are
expenses shall not be paid, paid. (Art. 448 in relation to 546)
unless LO chooses to appropriate
the thing made for pure luxury May Remove materials (ornaments
and LO pays its value. or only) only if without injury to the
2. Oblige the builder and planter to principal. (Art. 447)
pay the price of the land and the
sower to pay rent, in case the In addition he is obliged to pay
value of improvement is not proper rent in case the LO chooses
considerably more than the to appropriate whatever is built,
value of the land. (Here B/P planted or sown on his land. (The
must pay otherwise LO may terms of lease shall be agreed upon
compel him to remove the by the parties, in case of
improvement.) (Right of disagreement, the court shall fix the
remotion) Masmura kase terms.)
improvement kesa sa lupa) (Art.
448) Must pay for the value of the land if
he accepts the offer of the LO to sell
3. Compel the BPS to Remove the the land; If BP fails to pay the agreed
Buildings, Plantings in case he price, he will lose his right of
chooses no. 2 and BPS fails to retention and LO shall be entitled to
pay for the land. removal of improvement. (Art. 450)

Now, If value of land is Additional Rights and Obligation of

considerably more than the value the BPS:(Art. 455)
of the building or tree. (Code is 1. Principally liable to the OM;
silent) Three choices is suggested by since he was the first to use the
Atty. Rabuya which is based on materials;
jurisprudence: to wit: 2. If BPS is insolvent, LO shall be
subsidiarily liable, provided the
Leave the thing as is latter chose to use the materials;
Right of remotion 3. If the BPS pays the OM, BPS
Sale of the land in public auction may demand from landowner
the value of the materials and
labor (provided LO did not
appropriate the materials
because he did not profit from
the accession)

GF BF BF

 a. Right of appropriation, i.e. he Right: a. Right to reimbursement of the

becomes the owner of whatever a. Becomes the owner of the value of materials, in case he
is built, planted or sown on his materials, if he pays for their chooses not to remove the
land, without paying indemnity value; materials; (can only demand
for its value (Art 449); Exception: reimbursement from BPS of
OR When they can be removed without which he is primarily liable)
b. May demand the demolition of destruction to the work made or to In case BPS cannot pay, LO will
the work, or that the planting or the plants. In which case, the OM not be subsidiarily liable to OM
sowing be removed in order to may remove them. because as to the LO, BPS is in
replace things in their former bad faith
condition at the expense of the Obligation: b. Limited right of removal, i.e.
BPS (Art. 450); a. Must reimburse OM for the value May remove the materials
OR of the materials if OM chose not provided it will not cause injury
c. May compel the BP to pay for the remove the materials; to the work constructed, or
value of the land whether or not b. In case BPS cannot pay, LO will without the plantings,
it is considerably more than the not be subsidiarily liable because construction or works being
value of the land to him, BPS is in bad faith destroyed.
c. In case BPS pays for the value of
Pay for the necessary and useful the materials to OM, BPS cannot
expenses for the preservation of ask reimbursement from the LO,
the land incurred by the BPS in because as to the latter BPS is in
bad faith (Art. 452) bad faith.

If the payment is made by the BPS he now becomes the owner of the materials. Thus, the case would now be the
same as that of BPS with one’s own materials on the land of another (Apply the foregoing chart)

BF GF (Art. 447 in relation to 454) GF

Right of Appropriation of whatever Absolute right of removal of the Receive indemnity of the materials
is planted, built or sown Except: improvements whether or not from the BPS principally then from
When the BPS decides to remove the substantial injury is caused; plus the LO subsidiarily
improvements whether or not damages; (ownership of
destruction would be caused. In this improvements still retains to him)
case, the improvements would still
belong to the BPS who in addition Right to reimbursement of the
will still be entitled to damages value of the building or trees or
plants plus damages, in case he
chooses not to remove the materials

BF GF BF

same same No right to receive indemnity for

value of the materials from BPS nor
LO (who ends up owning the trees or
buildings)