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HELD
No.
● As early as 1963, the property was titled to
petitioner’s mother. They only entered in 1980.
● Petitioner is merely giving respondents some
liberalities by allowing them to but the lots they
occupy, but the latter refused.
Macasaet vs. Macasaet Provision covers only cases in which builders,
sowers or planters believe themselves to be
FACTS owners of the land or at least have a claim of
Petitioner is the son of the respondents title
Respondents filed an ejectment suit against the This case is an exception – beyond limited
children definition
o Respondent’s Contention o The established facts of this case show
They were the owner of the lots that respondents fully consented to the
Petitioners occupied the lops by improvements introduced by petitioners.
way of verbal lease agreement o In fact, because the children occupied
and used them as residence the lots upon their invitation, the parents
and construction of their certainly knew and approved of the
business construction of the improvements
Petitioners failed to pay rental introduced thereon.
despite repeated demands
o Petitioner’s Contention
No verbal lease agreement
Respondents invited them to
construct their residence and
business on the subject lots so
that they could live nearby
o MTC Ruling
In favor of respondents
Occupation by petitioners is by
mere tolerance
They were bound by an implied
promise to vacate the lots upon
demand
o RTC Ruling – Upheld MTC
But allowed respondents to
appropriate the building and
other improvements after
payment of indemnity
Basis: Article 448.
Respondents could:
Oblige petitioners to
purchase the land
(unless value is more
than the building)
If land value is more
than building,
petitioners should pay
rent, petitioners choose
not to appropriate
building.
o CA Ruling – Sustained the two lower
courts
Article 448 is not applicable.
Article 1678 (reimbursement of
one half)
ISSUE: Whether or not Article 448 is applicable
HELD: Yes.