Bernardo v Bataclan (1938)

Petitioners: Vicente Bernardo

Respondents: Catalino Bataclan
Options Open to Owner of Land
Laurel, J.
FACTS:

To secure possession of the land by a contract of sale executed from pastor Samonte and others, plaintiff
Vicente Bernardo instituted Civil Case 1935 in the CFI of Cavite. The trail court found for Bernardo in a
decision which was affirmed by the SC on appeal (G.R. No. 33017).
However, when Bernardo entered the premises, he found Catalino Bataclan therein who appeared to have
been authorized by the former owners back in 1922 to clear the land and make improvements on it.
Thereafter a case was instituted against Bataclan in the CFI of Cavite. Bernardo was adjudged the owner
but Bataclan was held to be a possessor in good faith entitled to reimbursement in the total sum of P1,642
for the work and improvements made.
Both parties appealed and the decisions appealed from was modified by allowing Batacalan to recover
compensation amounting to P2,212 and by reducing the price at which he would be able to acquire the land
from P300 to P200 per hectare.
Bernardo, upon being given the choice by the Court to either sell the land to Batcalan or to buy the
improvements from him, manifested that he would require Bataclan to buy the land from him at P200 per
hectare or P18k for the whole tract of land.
Bataclan was unable to pay the sum and on Jan. 24, 1934, Bernardo was given 30 days by the Court within
which to pay Bataclan P2,212 or the land would be ordered sold at a public auction.
Feb 21: plaintiff moved to reconsider the order to have preference over defendant in the order of payment.
The land was sold at public auction on April to Torinio Teodoro who bid at P8k who moved that he be placed
in possession of the land purchased by him which was granted.

ISSUE/S:

WoN Bataclan has a right of ownership to the land: NO

o Bataclan: right to retain the land in accordance with Art. 453 of the Civil Code
o Where, however, the planter, builder, or sower has acted in good faith, a conflict of rights arises
between the owners and it becomes necessary to protect the owner of the improvements without
causing injustice to the owner of the land.
o Under the Civil Code, the owner of the land has the option to acquire the improvements after
payment of the proper indemnity or to oblige the builder or planter to pay for the land and
the sower to pay the proper rent.
o Court: defendant has lost his right of retention. After Bernardo expressed his desire to require
Bataclan to pay for the value of the land, Bataclan admitted that he could pay for the sum which led
to the land being sold at public auction.
o When Bataclan failed to pay for the land, he lost his right of retention to it.

HELD: CFI ruling MODIFIED. Removed reservation made in favor of Bataclan to recover from Bernardo the sum of
P2,212.