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Part 2
Item of Note:
Article 448 states that the builder or planter cannot be obligated to buy the land if its value is CONSIDERABLY MORE than the building or trees.
The article applies whether the land involved is public or private one for the law does not make any distinction. (Insular Govt vs. Aldecora & Co., 19 Phil 505)
The landowner has to exercise either of the alternatives, not refuse both: a) To pay for the building b) To sell the land to the builder in good faith.
Irrevocability of Choice
Once the choice is made, the same cannot be revoked. (Tayag vs. Yusco)
Application by Analogy
Where one loses ownership of the land on which he earlier built an apartment.
Writ of Demolition
The writ can only be issued if it is ascertained that the construction is made in bad faith.