Case: SANTOS vs MOJICA

Facts:
A case for partition and annulment of certain conveyances of a 360 square meter parcel of land
was filed by eleven brothers and sisters, all surnamed Allanigue against their sister, Lorenza
Allanigue her husband Simeon Santos, Maria San Agustin and Felicidad San Agustin. The trial
court rendered a judgment ordering the partition of the land among the Allanigue siblings
including Lorenza. However, due to failure to pay rents as directed in the decision, the court
issued a subsequent order setting off Lorenza's share. The court then ordered the defendants
(those to whom lands were conveyed) in the present case to vacate the land and to deliver the
possession to the plaintiffs (Allanigue siblings). Leonardo Santos, son of Lorenza Allanigue and
husband Simeon Santos, filed a third party claim and a motion to recall the writ of execution.
(because may house sya sa subject land). Since the defendants and Leonardo refused to
vacate the land, the court ordered the sheriff for the demolition of the houses. Leo and the
defendants then filed a petition for certiorari and prohibition against Judge Angel Mojica and the
Sheriff questioning the jurisdiction of the lower court to order the demolition which was
subsequently denied by the Supreme Court. After the decision became final Judge Mojica
ordered the postponed demolition. The defendants voluntarily removed their houses. The only
house that remained was that of Leo Santos. Judge then (for the second time) ordered the
demolition of the house of Leo. Hence the present petition on certiorari and prohibition filed by
Leo Santos (plaintiff) against Judge Mojica.

Issue: Whether or not the present petition filed by petitioner be denied?

Held: YES. First, Leo as son of the Lorenza and Simeon (defendants of the prior case CC 217-
R) is bound by the judgment being a successor in interest. The fact that the sale from his
parents was registered, is of no moment because he is BOUND by the judgment, as already
mentioned. Leo was also considered as builder IN BAD FAITH. Why? His parents were
summoned 1959, and Leo Santos' house having been built and reconstructed into a bigger one
after his parents were summoned (after March 1962). Obviously, BAD FAITH. So, Allanigue
sibling became the owners if they choose to appropriate the accession but they choose to
demolish it at the expense of the builder. And applying ART. 449- As a builder in bad faith he
lost the improvement made by him consisting the reconstructed house to the owners of the land
without the right to be indemnified. Second, present petition is barred by res judicata---- the
question on the validity of the demolition order has already been decided by SC and such
decision is res judicata to the present petition raising the same question of validity involving
same parties and same subject matter.