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rentas, as do also the other adjectives perpetuas and vitalicias. The civil
fruits the Civil Code understands one of three and only three things, to wit: the
rent of a building, the rent of land, and certain kinds of income.
The amount of the bonus, according to the resolution of the central
granting it, is not based upon the value, importance or any other circumstance of
the mortgaged property, but upon the total value of the debt thereby secured,
according to the annual balance, which is something quite distinct from and
independent of the property referred to. As the bonus is not obtained from the land,
it is not civil fruits of that land. It is neither rent of buildings, proceeds from lease
of lands, or income under Article 355 of the Civil Code.
Leonardo Santos v. Angel H. Mojica [G.R.No. L-25450.
January 31, 1969.]
En Banc, Capistrano (J)
FACTS
On 19 March 1959, The Allanigue (brothers and sisters), brought an
action before the CFI Rizal against their sister, Lorenza Allanigue, her husband,
Simeon Santos for partition of a 360-sq. m. lot situated at San Dionisio, Paraaque,
Rizal, and for the annulment of certain conveyances involving the same.
The trial court rendered judgment ordering the partition of the lot among
the 11 plaintiffs and the defendant Lorenza Allanigue. A writ of execution was
issued on the judgment ordering the defendants to vacate the lot and deliver its
possession to the plaintiffs. Leonardo Santos, son of defendants Simeon Santos and
Lorenza Allanigue, owned a house standing on the lot. He filed with the sheriff a
third-party claim, and with the court, a motion to recall the writ of execution
insofar as his house was concerned. The motion was denied.
A period was given for the defendants and movant to remove their hose,
but they failed, to which a court order was released ordering sheriff to demolish
said houses due to the ground that the petitioner is in bad faith. The petitioner, filed
in the Supreme Court a petition for certiorari and prohibition against Judge Angel
H. Mojica, the Provincial Sheriff of Rizal and the plaintiffs in the case, as
respondents.
ISSUE
Whether the court erred in ordering the demolition of the house of the petitioner?
HELD
work, or that the planting or sowing be removed, in order to replace things in their
former condition at the expense of the person who built, planted or sowed. In the
present case, the Allanigue brothers and sisters chose to have the house or
improvement built by Leonardo Santos demolished pursuant to their motion for
demolition.