BICERRA V. TENEZZA 6 SCRA 648

Category: Property, Ownership and Its Modifications

BICERRA V. TENEZZA

6 SCRA 648

 

FACTS:

Bicerras  were  the  owners  of  a  house  built  on  a  lot  owned  by  them  and situated  in  the  municipality  of  Lagangilang.    Tenezza  forcibly  demolished the house, asserting that they are the rightful owners of the land.  Failure to  restore  the  house  and  to  deliver  the  materials  by  the  defendants,
plaintiffs were forced to file an action against them for damages as well as praying that the court hold them as the proper owners of the house. The court dismissed the case for lack of jurisdiction.
 

ISSUES:

Whether or not the house demolished is still considered an immovable property?
 

HELD:

A house is classified as immovable property by reason of its adherence to the soil on which it is built.  The classification holds true regardless of the fact that the house may be situated on land belonging to another owner.  But once the house is demolished, it ceases to exist as such and the hence its character as immovable likewise ceases.