Title
Lopez vs. Orosa
Case
G.R. No. L-10817-18
Decision Date
Feb 28, 1958
Lopez supplied lumber for Plaza Theatre's construction; unpaid balance led to legal action. Court ruled materialman's lien applies only to the building, not land, and mortgage takes precedence over lien on land.

Case Digest (G.R. No. L-10817-18)
Expanded Legal Reasoning Model

Facts:

  • Parties and Business Context
    • Enrique Lopez – resident of Balayan, Batangas, operating as Lopez-Castelo Sawmill, supplier of lumber.
    • Vicente Orosa, Jr. – resident of Batangas; promoter and treasurer of Plaza Theatre, Inc., a corporation formed October 14, 1946, to build and operate a movie theatre on land acquired September 25, 1946 for ₱6,000 (679.17 m²).
  • Verbal Agreement and Deliveries
    • May 1946–Dec. 4, 1946: Lopez agreed, at Orosa’s behest, to supply lumber on credit (payment on demand), with Orosa’s personal guaranty.
    • Total lumber cost: ₱62,255.85; payments received: ₱20,848.50; unpaid balance: ₱41,771.35.
  • Collateral and Mortgage Transactions
    • Deed of Assignment (Mar. 17, 1947): Orosa assigned his 420 shares (₱100 par value each; total ₱42,000) in Plaza Theatre, Inc. as security for Lopez’s claim.
    • Bank Loan and Mortgage (Nov. 16, 1946): Plaza Theatre, Inc. borrowed ₱30,000 from Philippine National Bank; Luzon Surety Co. acted as surety; the corporation mortgaged the land and building as counter-security under Act No. 3344.
    • Torrens Registration (Oct. 25, 1947): Land registered under Act 496 (OCT No. O-391) without reference to the Luzon Surety mortgage; notice of lis pendens by Lopez was annotated afterwards.
  • Trial Court Proceedings
    • Complaint (Nov. 12, 1947): Lopez sued Orosa and Plaza Theatre, Inc. in CFI Batangas (Civil Case No. 4501/R-57) for ₱41,771.35 plus interest; sought materialman’s lien and public auction of the land, building, or assigned shares.
    • Defenses by Orosa: asserted personal purchase, no joint liability with the corporation, shares pledged as collateral conferring a deficiency-exemption.
    • Defenses by Plaza Theatre, Inc.: denied any lien agreement, contended materials were sold in good faith, argued loss of rights for unclaimed materials, and that corporation had no pre-incorporation obligations.
    • Luzon Surety Co.: petitioned Land Registration Court (Land Registration Case No. 17) to annotate its mortgage within one year of Torrens title issuance; Lopez opposed, claiming his lien was preferred.
  • Decisions Below
    • Trial Court (Oct. 30, 1952):
      • Held Orosa and Plaza Theatre, Inc. jointly liable for ₱41,771.35; recognized a materialman’s lien on the building only (not the land); declared that lien superior to Luzon Surety’s mortgage on the structure; granted annotation of the mortgage subject to Lopez’s lien.
      • Ordered payment within 90 days or sale of assigned shares; denied joint obligation as solidary and extension of lien to land.
    • Court of Appeals: affirmed the trial court in toto.

Issues:

  • Whether a materialman’s lien under Article 1923 of the Spanish Civil Code extends to the land on which the building is erected, or is confined to the building alone.
  • Whether the materialman’s lien on both building and land is superior to a previously registered mortgage executed in favor of the Luzon Surety Company.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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