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pal building, after the [Yu siblings] refused to pay them the
reasonable value of the improvements.14 When the
spouses Mores demanded reimbursement, the Yu siblings
should have offered to pay the spouses Mores onehalf of
the value of the improvements. Since the Yu siblings failed
to make such offer, the spouses Mores had the right to
remove the improvements.
WHEREFORE, we GRANT the petition. We AFFIRM
with MODIFICATION the Decision of the Court of Appeals
promulgated on 26 August 2005 as well as the Resolution
promulgated on 14 March 2006 in CAG.R. CV No. 76076.
Article 1678 of the Civil Code is applicable to the present
case. The award of moral damages worth P100,000 to the
Yu siblings is deleted.
SO ORDERED.
Nachura, Peralta, Abad and Mendoza, JJ., concur.
Petition granted, judgment and resolution affirmed with
modification.
Note.A coowner cannot give valid consent to another
to build a house on the coowned property, which is an act
tantamount to devoting the property to his or her exclusive
use. (Cruz vs. Catapang, 544 SCRA 512 [2008])
o0o
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14Id., at p. 29.
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