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Liuanag V Yu-Sonquian

- Yu-Chingco owned land in Calle Lemery, Tondo and died in China in 1901. Yu-Chiocco leased the land and built a building and carpenter shop using materials from Yu-Chingco's estate. - Liuanag, the administratrix of Yu-Chingco's estate, claimed ownership of half the property. The lower court agreed but the Supreme Court reversed, finding that using someone else's materials for construction does not make them an owner of the building. - The Supreme Court remanded the case, stating that Liuanag's only claim was for the value of materials actually used from Yu-Chingco's estate.

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207 views1 page

Liuanag V Yu-Sonquian

- Yu-Chingco owned land in Calle Lemery, Tondo and died in China in 1901. Yu-Chiocco leased the land and built a building and carpenter shop using materials from Yu-Chingco's estate. - Liuanag, the administratrix of Yu-Chingco's estate, claimed ownership of half the property. The lower court agreed but the Supreme Court reversed, finding that using someone else's materials for construction does not make them an owner of the building. - The Supreme Court remanded the case, stating that Liuanag's only claim was for the value of materials actually used from Yu-Chingco's estate.

Uploaded by

Val Sanchez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Liuanag v Yu-Sonquian

G.R. No. L-2238; October 19, 1905


Willard, J.:

“Owner of the Materials”

Facts:
- Yu-Chingco, owner of the land in Calle Lemery, Tondo went to China on August 23 1901
and died there around October.
- Yu-Chiocco, entered into a lease in the mentioned land and erected building and carpenter
shop on his name, without mentioning Yu-Chingo, his heirs or administratix.
- Liuanag, administratrix of Yu-Chingo is alleging that the land beongs to Yu-Chingco.
- In 1902, Yu-Chiocco died.
- The Court: since Yu-Chiocco performed all necessary labor and the materials were from
Yu-Chinco, Liuanag shall own half of the value of properties.
- SC doesn’t think so.
- It is enough to say that, if such material was used therein, it does not follow, as a
conclusion of law, that the owner of the material thereby became the owner of any part of
the buildings.




- We think that this article is applicable to a leasehold in real estate. Upon the most
favorable view of the case for the plaintiff she has a claim for the value of the material
which belonged to the estate of Yu-Chingco, and which was actually used in the
construction of the building.



The judgment of the court below in this case, No. 1517 in that court, is reversed, and after
the expiration of twenty days the case should be remanded, with directions to enter
judgment in favor of the defendant, with costs, and without prejudice to the right of
plaintiff to present her aforesaid claim against the person or estate bound to pay it, and
without costs in this appeal.

Issue:
Whether or not, Liuanag as Aministratix, is entitled to a half of the possession.

Held:
No.
- in real estate.
- Upon the most favorable view of the case for the plaintiff she has a claim for the value of
the material which belonged to the estate of Yu-Chingco, and which was actually used in
the construction of the building.




Judgment of lower court is REVERSED. After 20 days, the case should be remanded.

Realty; Lease; Construction Materials; Accession: The fact that one uses materials belonging to
another in constructing a building upon leased by the former, does not make the latter the owner
of any part of the building. (Civil Code. Art 360)

Article 360 of the Civil Code is as follows: 





"The owner of the soil who shall make thereon, in person or through another, plantings,
constructions, or works with material belonging to another person, is obliged to pay their value;
and should he have acted in bad faith he shall, furthermore, be obliged to indemnify for loss and
damage. The owner of the material shall have the right to remove it only in case he can do so
without injury to the work constructed, or without destroying the plantings, constructions, and
work done."

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