CASE NO.

260

LORENZO VELASCO AND SOCORRO J. VELASCO, petitioners,

vs.
HONORABLE COURT OF APPEALS and MAGDALENA ESTATE, INC., respondents.

G.R. No. L-31018

June 29, 1973

FACTS:

November 10, 1965, Alta Farms secured from the GSIS a Three Million Two Hundred Fifty Five
Thousand Pesos (P3,255,000.00) loan and an additional loan of Five Million Sixty-Two
Thousand Pesos (P5,062,000.00) on October 5, 1967, to finance a piggery project. Alta Farms
defaulted in the payment because of this that Alta Farms executed a Deed of Sale With
Assumption of Mortgage with Asian Engineering Corporation on July 10, 1969 but without the
previous consent or approval of the GSIS and in direct violation of the provisions of the
mortgage contracts. Even without the approval of the Deed of Sale With Assumption of
Mortgage by the GSIS, Asian Engineering Corporation executed an Exclusive Sales Agency,
Management and Administration Contract in favor of Laigo Realty Corporation, with the
intention of converting the piggery farm into a subdivision. After developing the area, on
December 4, 1969, Laigo entered into a contract with Amable Lumanlan, one of the petitioners,
to construct for the home buyers, 20 houses on the subdivision. Petitioner Lumanlan allegedly
constructed 20 houses for the home buyers and for which he claims a balance of P309,187.76
from the home buyers and Laigo. Out of his claim, petitioner Lumanlan admits that Mrs. Rhody
Laigo paid him in several checks totalling P124,855.00 but which checks were all dishonoured.
On December 29, 1969, Laigo entered into a contract with petitioner Pepito Velasco to construct
houses for the home buyers who agreed with Velasco on the prices and the downpayment.
Petitioner Velasco constructed houses for various home buyers, who individually agreed with
Velasco, as to the prices and the down payment to be paid by the individual home buyers.When
neither Laigo nor the individual home buyers paid for the home constructed, Velasco wrote the
GSIS to intercede for the unpaid accounts of the home buyers.

ISSUE: Whether or not GSIS is liable to the petitioners for the cost of the materials and labor
furnished by them in construction of the 63 houses now owned by the GSIS?

RATIO:
Yes. GSIS should pay the petitioners. GSIS assumed ownership of the houses built by petitioners
and was benefited by the same. Art. 2127, the mortgage extends to the natural accessions, to the
improvements, growing fruits, rents.