Title
Spouses Macasaet vs. Spouses Macasaet
Case
G.R. No. 154391-92
Decision Date
Sep 30, 2004
Family conflict over land occupation; petitioners built improvements in good faith. Ejectment upheld; respondents must indemnify for improvements or petitioners pay rent. Article 448 applies.

Case Digest (G.R. No. 154391-92)

Facts:

  • Parties and Subject Matter
    • Petitioners: Spouses Ismael and Teresita Macasaet (son and daughter-in-law)
    • Respondents: Spouses Vicente and Rosario Macasaet (parents)
    • Property: Two parcels in Banay-banay, Lipa City (TCT Nos. T-78521 & T-103141)
  • Background and Proceedings
    • March 1992: Respondents invite petitioners to occupy lots for residence and construction business—allegedly as advance inheritance and/or payment for materials.
    • Conflict and Demand: June 6, 1996 demand letter; October 14, 1997 barangay conciliation; December 10, 1997 MTCC ejectment suit filed alleging a verbal lease and nonpayment of P 500/week rent.
    • Lower Courts’ Decisions:
      • MTCC (1998): Held occupation by mere tolerance; ordered ejectment; dismissed inheritance/allotment and dation-in-payment claims.
      • RTC (1999): Affirmed ejectment; allowed respondents to appropriate improvements after indemnity under Civil Code Art. 448.
      • CA (2002): Affirmed ejectment on tolerance theory; held Art. 448 inapplicable and applied lease rule (Art. 1678) awarding petitioners half the value of improvements (P 475,000); deleted attorney’s fees; remanded for respondents’ option and implementation.

Issues:

  • Ejectment and Procedure
    • Whether respondents stated a proper cause of action and whether Rule 70, Sec. 17 (on judgment) applied; grounds for dismissal; award of damages/attorney’s fees.
    • Whether personal appearance at the preliminary conference was mandatory or may be by a representative under Rule 18.
  • Improvements and Indemnity
    • Whether petitioners’ right to reimbursement for improvements is governed by Civil Code Art. 1678 (lease), Arts. 447/453/454, or Art. 448 (accession in good faith).
    • How to compute and award reimbursements: half-value rule vs indemnity and respondents’ option to appropriate, compel purchase, or fix rent.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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