Title
Pleasantville Development Corp. vs. Court of Appeals
Case
G.R. No. 79688
Decision Date
Feb 1, 1996
Eldred Jardinico sued Wilson Kee for occupying Lot 9 due to CTTEI’s error. SC ruled Kee as a builder in good faith, holding PDC and CTTEI liable for negligence, awarding attorney’s fees to Jardinico.

Case Digest (G.R. No. 79688)
Expanded Legal Reasoning Model

Facts:

  • Ownership and Registration
    • Edith Robillo purchased from Pleasantville Development Corporation (PDC) Lot 9, Phase II, Pleasantville Subdivision, Bacolod City.
    • In 1975 Eldred Jardinico acquired Robillo’s rights and, upon completing payments, secured Transfer Certificate of Title (TCT) No. 106367 to Lot 9 on December 19, 1978.
  • Kee’s Purchase and Improvements
    • On March 26, 1974, Wilson Kee bought Lot 8 on installment from C.T. Torres Enterprises, Inc. (CTTEI), PDC’s exclusive agent; he paid relocation and lot-plan fees and was entitled to possession before full payment.
    • CTTEI’s employee, Zenaida Octaviano, mistakenly pointed out Lot 9 instead of Lot 8; Kee, relying on CTTEI’s identification, built a house, store, auto-repair shop, and other improvements on Lot 9.
  • Procedural History
    • After discovering the error, Jardinico demanded vacatur on January 30, 1981; upon Kee’s refusal, Jardinico filed ejectment with damages in the Municipal Trial Court in Cities (MTCC), and Kee filed a third-party complaint against PDC and CTTEI.
    • MTCC held CTTEI negligent, ordered Kee to vacate and remove improvements, assessed daily rentals, and awarded attorney’s fees; the RTC reversed CTTEI’s liability, found Kee in bad faith, and dismissed the third-party complaint; the Court of Appeals (CA) reversed again, declaring Kee a builder in good faith, imputing CTTEI’s negligence to PDC, dispensing with rentals, and remanding for valuation of improvements.
    • PDC filed a petition for review in the Supreme Court to challenge the CA decision.

Issues:

  • Was Wilson Kee a builder in good faith when he constructed improvements on Lot 9?
  • What is the liability of Pleasantville Development Corporation and its agent, C.T. Torres Enterprises, Inc., for the mistaken delivery and resultant damages?
  • Is the award of attorney’s fees proper under the circumstances?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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