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The petitioners, who were dealers of a petroleum company and occupied land leased by the company, sought reimbursement for improvements they made on the property after the lease expired. The appellate court reversed the trial court decision ordering reimbursement, finding that petitioners were not builders in good faith as they did not claim title to the property. The petitioners argued that other provisions allowing reimbursement for builders in good faith should apply. However, the Supreme Court upheld the appellate court decision, finding that the law on leases specifically governs reimbursement for improvements by lessees, and petitioners' interest was only as lessees, not builders claiming ownership.
The petitioners, who were dealers of a petroleum company and occupied land leased by the company, sought reimbursement for improvements they made on the property after the lease expired. The appellate court reversed the trial court decision ordering reimbursement, finding that petitioners were not builders in good faith as they did not claim title to the property. The petitioners argued that other provisions allowing reimbursement for builders in good faith should apply. However, the Supreme Court upheld the appellate court decision, finding that the law on leases specifically governs reimbursement for improvements by lessees, and petitioners' interest was only as lessees, not builders claiming ownership.
The petitioners, who were dealers of a petroleum company and occupied land leased by the company, sought reimbursement for improvements they made on the property after the lease expired. The appellate court reversed the trial court decision ordering reimbursement, finding that petitioners were not builders in good faith as they did not claim title to the property. The petitioners argued that other provisions allowing reimbursement for builders in good faith should apply. However, the Supreme Court upheld the appellate court decision, finding that the law on leases specifically governs reimbursement for improvements by lessees, and petitioners' interest was only as lessees, not builders claiming ownership.
SAMUEL PARILLA, CHINITA PARILLA and DEODATO PARILLA, Petitioners, v. DR.
PROSPERO PILAR, Respondent.
Assailed via Petition for Review on Certiorari is the Court of Appeals Decision 1 of January 19, 2005 reversin that of the Reional !rial Court "R!C# of $ian City, %ranch 20 2 which affir&ed the Decision ' of (e)ruary ', 200' of the *unicipal !rial Court "*!C# of %antay, +locos ,ur- Petitioner-spouses Samue and C!inita Paria and t!eir "o-petitioner-son Deodato Paria, as deaers # o$ Piipinas S!e Petroeum Corporation %Piipinas S!e&, !a'e (een in possession o$ a par"e o$ and %t!e propert)& located at the po)lacion of %antay, +locos ,ur which *as eased to it () respondent Dr. Prospero Piar under a +,-)ear Lease A-reement . entered into in +//,. 0!en t!e ease "ontra"t (et*een Piipinas S!e and respondent e1pired in 2,,,, petitioners remained in possession o$ t!e propert) on *!i"! t!e) (uit impro'ements "onsistin- o$ a (iiard !a and a restaurant, maintained a sari- sari store &anaed )y .eonardo Dada, Josefina Dada and /dwin Pual, and allowed (lor Pelayo, (reddie %rinas and /dwin Pual to use a portion t!ereo$ as par3in- ot. 4 Despite demands to 'a"ate, petitioners 5 and t!e ot!er o""upants 6 remained in t!e propert). 0ence, respondent *!o !as (een residin- in t!e United States, / t!rou-! !is attorne)-in-$a"t Mari'i" Pa7 Padre, $ied on 8e(ruar) #, 2,,2 a "ompaint $or e9e"tment )efore the %antay *!C *it! pra)er $or t!e issuan"e o$ a *rit o$ preiminar) in9un"tion *it! dama-es +, a-ainst petitioners and t!e ot!er o""upants o$ t!e propert). A$ter tria, t!e MTC, () De"ision o$ 8e(ruar) :, 2,,:, ordered !erein petitioners and t!eir "o-de$endants and a persons "aimin- ri-!ts under t!em to 'a"ate t!e propert) and to pa) t!e painti$$-!erein respondent t!e amount o$ P.,,,,,.,, as reasona(e "ompensation $or t!e use o$ t!e propert) and P10,000-00 as attorney1s fees and to pay the cost of suit- And it ordered t!e painti$$-!erein respondent to reim(urse de$endants Samue Paria, C!inita Paria and Deodato Paria t!e amount o$ T*o Miion Pesos %P2,,,,,,,,.,,& representin- t!e 'aue o$ t!e impro'ements introdu"ed on t!e propert). Respondent appeaed to t!e RTC o$ ;i-an Cit) t!at portion o$ t!e tria "ourt<s de"ision orderin- !im to reim(urse petitioners t!e amount o$ T*o Miion Pesos. T!e RTC a$$irmed t!e MTC De"ision, however- 11 On respondent<s Petition $or Re'ie*, t!e Court o$ Appeas set aside t!e =uestioned order $or respondent to reim(urse petitioners T*o Miion Pesos. +2 In settin- aside t!e =uestioned order, t!e appeate "ourt, app)in- Arti"e .#4 o$ t!e Ne* Ci'i Code which provides2 AR!- 534- 5ecessary e6penses shall )e refunded to every possessor7 )ut only the possessor in ood faith &ay retain the thin until he has )een rei&)ursed therefor- 8seful e6penses shall )e refunded only to the possessor in ood faith with the sa&e riht of retention, the person who has defeated hi& in the possession havin the option of refundin the a&ount of the e6penses or of payin the increase in value which the thin &ay have ac9uired )y reason thereof:,; held that <:herein petitioners;1 tolerated occupancy - - - could not )e interpreted to &ean - - - that they are )uilders or possessors in ood faith< 1' and that for one to )e a )uilder in ood faith, it is assu&ed that he clai&s title to the property which is not the case of petitioners- 0ence, the present petition which faults the appellate court to have erred + - - - =0/5 +! ,/! A,+D/ !0/ D/C+,+>5, >( !0/ !R+A. C>8R!, =0+C0 >RD/R/D !0/ R/,P>5D/5! !> R/+*%8R,/ P/!+!+>5/R, !0/ A*>85! >( !=> *+..+>5 "P2,000,000-00# P/,>, (>R !0/ ,8%,!A5!+A. +*PR>$/*/5!, +5!R>D8C/D %? !0/* >5 !0/ ,8%J/C! PR/*+,/,- ++ - - - +5 5>! 0>.D+5@ !0A! P/!+!+>5/R, AR/ %8+.D/R, +5 @>>D (A+!0 >( !0/ ,8%,!A5!+A. +*PR>$/*/5!, !0/? 0AD +5!R>D8C/D >5 !0/ PR/*+,/,, 0/5C/, !0/? AR/ /5!+!./D !> R/+*%8R,/*/5! >( ,8C0 +*PR>$/*/5!,- +++ - - - +5 5>! 0>.D+5@ !0A! !0/ %8+.D+5@ =0+C0 P/!+!+>5/R, /R/C!/D >5 !0/ PR/*+,/, =A, =>R!0, A5D !0A! !0/ P/!+!+>5/R, AC!8A..? ,P/5!, !0/ A*>85! >( !=> *+..+>5 "P2,000,000-00# P/,>,- +$ - - - +5 5>! 0>.D+5@ !0A! P/!+!+>5/R, 0A$/ !0/ R+@0! >( R/!/5!+>5 >( !0/ PR/*+,/, 85!+. !0/? AR/ R/+*%8R,/D >( !0/ ,A+D A*>85! ADJ8D@/D +5 !0/+R (A$>R %? !0/ C>8R!, A A8>- 13 Petitioners, profferin that neither respondent nor his aents or representatives perfor&ed any act to prevent the& fro& introducin the i&prove&ents, 15 "ontend that the appellate court should have applied Article 35' of the 5ew Civil Code which provides that <:i;f there was )ad faith not only on the part of the person who )uilt, planted or sowed on the land of another, )ut also on the part of the owner of such land, the rihts of one and the other shall )e the sa&e as thouh )oth had acted in ood faith-< 14 Petitioners t!us "on"ude t!at (ein- (uiders in -ood $ait!, unti t!e) are reim(ursed o$ t!e T*o Miion Peso-'aue o$ t!e impro'ements t!e) !ad introdu"ed on t!e propert), t!e) !a'e t!e ri-!t o$ retention or o""upan") t!ereo$ pursuant to Arti"e ##6, in reation to Arti"e .#4, o$ t!e Ne* Ci'i Code, +5 ot!er*ise, respondent *oud (e un9ust) enri"!ed at t!eir e1pense. !he petition fails in liht of the followin discussions- T!e e'iden"e s!o*s t!at in +/4,, a ease "ontra"t o'er t!e propert) *as $or-ed (et*een S!e Compan) o$ t!e P!iippines Limited and respondent<s prede"essors-in-interest. In +//,, t!e ease "ontra"t *as rene*ed () Piipinas S!e and respondent. Petitioners, (ein- deaers o$ Piipinas S!e<s petroeum produ"ts, *ere ao*ed to o""up) t!e propert). Petitioners are t!us "onsidered a-ents +6 o$ Piipinas S!e. T!e $a"tua miieu o$ t!e instant "ase "as t!en $or t!e appi"ation o$ t!e pro'isions on ease under t!e Ne* Ci'i Code. T!e ri-!t o$ t!e essor upon t!e termination o$ a ease "ontra"t *it! respe"t to use$u impro'ements introdu"ed on t!e eased propert) () a essee is "o'ered () Arti"e +456 which reads2 Art- 14BC- +f the lessee &aDes, in ood faith, useful i&prove&ents which are suita)le to the use for which the lease is intended, without alterin the for& or su)stance of the property leased, t!e essor upon t!e termination o$ t!e ease s!a pa) t!e essee one-!a$ o$ t!e 'aue o$ t!e impro'ements at t!at time- ,hould the lessor refuse to rei&)urse said a&ount, the lessee &ay re&ove the i&prove&ents, even thouh the principal thin &ay suffer da&ae there)y- 0e shall not, however, cause any &ore i&pair&ent upon the property leased than is necessary- 6 6 6 6 "Emphasis supplied# T!e $ore-oin- pro'ision is a modi$i"ation o$ t!e od Code under *!i"! t!e essee !ad no ri-!t at a to (e reim(ursed $or t!e impro'ements introdu"ed on t!e eased propert), !e (ein- entited mere) to t!e ri-!ts o$ a usu$ru"tuar) - ri-!t o$ remo'a and set-o$$, (ut not o$ reim(ursement. +/ T!e modi$i"ation introdu"ed in t!e a(o'e-=uoted para-rap! o$ Arti"e +456 on partia reim(ursement *as intended to pre'ent un9ust enri"!ment o$ t!e essor *!i"! no* !as to pa) one-!a$ o$ t!e 'aue o$ t!e impro'ements at t!e time t!e ease terminates (e"ause t!e essee !as aread) en9o)ed t!e same, *!ereas t!e essor "oud en9o) t!em inde$inite) t!erea$ter. 2, As the law on lease under the 5ew Civil Code has specific rules concernin useful i&prove&ents introduced )y a lessee on the property leased, it is erroneous on the part of petitioners to ure this Court to apply Article 33C, in relation to Article 534, reardin their clai& for rei&)urse&ent and to invoDe the riht of retention )efore rei&)urse&ent is &ade- Article 33C and Article 534 read2 ART. ##6- !he owner of the land on which anythin has )een )uilt, sown or planted in ood faith, shall have the riht to appropriate as his own the worDs, sowin or plantin, after pay&ent of the inde&nity provided for in articles 534 and 53C, or to o)lie the one who )uilt or planted to pay the price of the land, and the one who sowed, the proper rent- 0owever, the )uilder or planter cannot )e o)lied to )uy the land if its value is considera)ly &ore than that of the )uildin or trees- +n such case, he shall pay reasona)le rent, if the owner of the land does not choose to appropriate the )uildin or trees after proper inde&nity- !he parties shall aree upon the ter&s of the lease and in case of disaree&ent, the court shall fi6 the ter&s thereof- ART. .#4- 5ecessary e6penses shall )e refunded to every possessor7 )ut only the possessor in ood faith &ay retain the thin until he has )een rei&)ursed therefor- 8seful e6penses shall )e refunded only to the possessor in ood faith with the sa&e riht of retention, the person who has defeated hi& in the possession havin the option of refundin the a&ount of the e6penses or of payin the increase in value which the thin &ay have ac9uired )y reason thereof- >urispruden"e is repete *it! "ases 2+ *!i"! "ate-ori"a) de"are t!at Arti"e ##6 "o'ers on) "ases in *!i"! t!e (uiders, so*ers or panters (eie'e t!emse'es to (e o*ners o$ t!e and or, at east, !a'e a "aim o$ tite t!ereto, (ut not *!en t!e interest is mere) t!at o$ a !oder, su"! as a mere tenant, a-ent or usu$ru"tuar). A tenant "annot (e said to (e a (uider in -ood $ait! as !e !as no pretension to (e o*ner. 22 +n a plethora of cases, 2: t!is Court !as !ed t!at Arti"es ##6 o$ t!e Ci'i Code, in reation to Arti"e .#4 o$ t!e same Code, *!i"! ao*s $u reim(ursement o$ use$u impro'ements and retention o$ t!e premises unti reim(ursement is made, appies on) to a possessor in -ood $ait!, i.e., one *!o (uids on and *it! t!e (eie$ t!at !e is t!e o*ner t!ereo$. It does not app) *!ere one<s on) interest is t!at o$ a essee under a renta "ontra"t? ot!er*ise, it *oud a*a)s (e in t!e po*er o$ t!e tenant to @impro'e@ !is andord out o$ !is propert). 2# "Underscoring supplied# Sia v. Court of Appeals, 25 which cites Cabangis v. Court of Appeals, 24 e6haustively e6plains the applica)ility of Article 14BC on disputes relatin to useful i&prove&ents introduced )y a lessee on leased pre&ises, viz: 6 6 6 6 ,econd- Petitioner stu))ornly insists that he &ay not )e eEected fro& private respondent1s land )ecause he has the riht, under Articles 33C and 534 of the 5ew Civil Code, to retain possession of the leased pre&ises until he is paid the full fair &arDet value of the )uildin constructed thereon )y his parents- Petitioner is wron, of course- !he Reional !rial Court and the Court of Appeals correctly held that it is Article 14BC of the 5ew Civil Code that overns petitioner1s riht visFaFvis the i&prove&ents )uilt )y his parents on private respondent1s land- +n the 1991 case of Cabangis v. Court of Appeals where the su)Eect of the lease contract was also a parcel of land and the lessee1s father constructed a fa&ily residential house thereon, and the lessee su)se9uently de&anded inde&nity for the i&prove&ents )uilt on the lessor1s land )ased on Articles 33C and 534 of the 5ew Civil Code, we pointed out that reliance on said leal provisions was &isplaced- <!he reliance )y the respondent Court of Appeals on Articles 33C and 534 of the Civil Code of the Philippines is &isplaced- !hese provisions have no application to a contract of lease which is the su)Eect &atter of this controversy- +nstead, Article 14BC of the Civil Code applies- - - - 6 6 6 6 >n the other hand, Article 33C overns the riht of accession while Article 534 pertains to effects of possession- !he very lanuae of these two provisions clearly &anifest their inapplica)ility to lease contracts- - - - 6 6 6 6 !hus, the i&prove&ents that the private respondent1s father had introduced in the leased pre&ises were done at his own risD as lessee- !he riht to inde&nity e9uivalent to oneFhalf of the value of the said i&prove&ents 1 the house, the fillin &aterials, and the hollow )locD fence or wall F is overned, as earlier adverted to, )y the provisions of Art- 14BC, first pararaph of the Civil Code a)ove 9uoted- %ut this riht to inde&nity e6ists only if the lessor opts to appropriate the i&prove&ents "Al)uro v- $illanueva, supra, note 10 at 2B9F2C07 $alencia v- Ayala de Ro6as, supra, note 10 at 34#- !herefusal of the lessor to pay the lessee oneFhalf of the value of the useful i&prove&ents ives rise to the riht of re&oval- >n this score, the co&&entary of Justice Paras is enlihtenin- 15ote that under the 1st pararaph of Art- 14BC, the law on the riht of R/*>$A. says that 1should the lessor refuse to rei&)urse said a&ount, the lessee &ay re&ove the i&prove&ents, even thouh the principal thin &ay suffer there)y-1 =hile the phrase 1even thouh1 i&plies that Art- 14BC always applies reardless of whether or not the i&prove&ents can )e re&oved without inEury to the leased pre&ises, it is )elieved that application of the Article cannot always )e done- !he rule is evidently intended for cases where a true accession taDes place as when part of the land leased is, say, converted into a fishpond7 and certainly not where as easily re&ova)le thin "such as a wooden fence# has )een introduced- !here is no dou)t that in a case involvin such a detacha)le fence, the lessee can taDe the sa&e away with hi& when the lease e6pires "5 /- Paras, Civil Code of the Philippines Annotated '35 :11th ed-, 19C4;#-1 6 6 6 6 Clearly, it is Article 14BC of the 5ew Civil Code which applies to the present case- Petitioners1 clai& for rei&)urse&ent of the alleed entire value of the i&prove&ents does not thus lie under Article 14BC- 5ot even for oneFhalf of such alleed value, there )ein no su)stantial evidence, e.g., receipts or other docu&entary evidence detailin costs of construction- %esides, )y petitioners1 ad&ission, of the structures they oriinally )uilt F the )illiard hall, restaurant, sarisari store and a parDin lot, only the <bodegaF liDe< sarisari store and the parDin lot now e6ist- 2B At a e'ents, under Arti"e +456, it is t!e essor *!o is -i'en t!e option, upon termination o$ t!e ease "ontra"t, eit!er to appropriate t!e use$u impro'ements () pa)in- one-!a$ o$ t!eir 'aue at t!at time, or to ao* t!e essee to remo'e t!e impro'ements. T!is option soe) (eon-s to t!e essor as t!e a* is e1pi"it t!at @AsB!oud t!e essor re$use to reim(urse said amount, t!e essee ma) remo'e t!e impro'ements, e'en t!ou-! t!e prin"ipa t!in- ma) su$$er dama-e t!ere().@ It appears t!at t!e essor !as opted not to reim(urse. 0HERE8ORE, the petition is DENIED- !he Court of Appeals Decision of January 19, 2005 is A88IRMED in liht of the foreoin discussions- Costs aainst petitioners- SO ORDERED.