Ladera vs. Hodges

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Ladera, et al.
Hodges, et al.

G.R. No. 8027-R
September 23, 1952


Paz G. Ladera entered into a contract with C.N. Hodges. Hodges promised to sell a lot with an area of 278 square meters to Ladera, subject to certain terms and conditions. The agreement called for a down payment of P 800.00 and monthly installments of P 5.00 each with interest of 1% per month, until P 2,085 is paid in full. In case of failure of the purchaser to make any monthly payment within 60 days after it fell due, the contract may be considered as rescinded or annulled.

Ladera built a house on the lot. Later on, she defaulted in the payment of the agreed monthly installment. Hodges filed an action for the ejectment of Ladera.

The court issued an alias writ of execution and pursuant thereto, the city sheriff levied upon all rights, interests, and participation over the house of Ladera. At the auction sale, Laderaโ€™s house was sold to Avelino A. Magno. Manuel P. Villa, later on, purchased the house from Magno.

Ladera filed an action against Hodges and the judgment sale purchasers. Judgment was rendered in favor of Ladera, setting aside the sale for non-compliance with Rule 39, Rules of Court regarding judicial sales of real property. On appeal, Hodges contends that the house, being built on a lot owned by another, should be regarded as movable or personal property.


Is Laderaโ€™s house an immovable property?



The old Civil Code numerates among the things declared by it as immovable property the following: lands, buildings, roads and constructions of all kind adhered to the soil. The law does not make any distinction whether or not the owner of the lot is the one who built. Also, since the principles of accession regard buildings and constructions as mere accessories to the land on which it is built, it is logical that said accessories should partake the nature of the principal thing.

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