ANTONIA BICERRA et al vs TOMASA TENEZA and BENJAMIN BARBOSA

ANTONIA BICERRA et al vs TOMASA TENEZA and BENJAMIN BARBOSA

G.R. No. L-16218

November 29, 1962

FACTS:

Antonia Bicerra, et al (Biceras) were owners of a house built on the land owned by them situated in the Municipality of Lagangilang. Sometime in January 1957, Tomasa Teneza, et al, fociably demolished the house claiming to be the owners thereof. The materials of the house were placed in the custody of the barrio lieutenant. The Bicerras filed a complaint claiming to have suffered actual damages and prayed that the plaintiffs be declared the owners of the house in question and/or the materials that resulted in its dismantling.

ISSUE:

Whether or not the subject demolished house is considered as immovable property under Article 415 under the Civil Code?

RULING:

No. A house is classified as immovable property by reason of its adherence to the soil on which it is built (Art. 415, par. 1, Civil Code). This classification holds true regardless of the fact that the house may be situated on land belonging to a different owner. But once the house is demolished, as in this case, it ceases to exist as such and hence its character as an immovable likewise ceases.