Tom agreed to sold and delivered construction materials to Gerry to build his 2 storey commercial

building at his vacant lot in Sampaloc, Manila, provided that the latter will pay its total amount upon its
completion.

1. Does Gerry being the owner of the land in good faith who makes constructions thereon using
the materials of A becomes also the owner of the said materials even if he failed to pay its value

2. What are the rights of Tom being the owner of the materials in case Gerry failed or refused to
pay the value of the materials

Answer:

1. Yes, because based on the principle of “accessio cedit principali” (the accessory follows the
principal) the owner of the land in good faith who personally makes constructions or works
thereon using the materials belonging to somebody else becomes the owner of the said
materials though, he has an obligation to pay the value of the said materials.

2. In case Gerry fails or refuses to pay, Tom being the owner of the materials shall have the
right to remove them provided no substantial injury is caused to the landowner. Otherwise, he
has the right to reimbursement for the value of his materials

Tom agreed to sell and deliver construction materials to Gerry to build his 2 storey commercial
building at his vacant lot in Sampaloc, Manila, provided that the latter will pay its total amount
upon it's construction. However, upon completion of the building, Gerry failed to pay the said
construction materials.

1. Does Gerry being the owner of the land, in good faith, makes constructions thereon using the
materials (so ba bad faith ung pagkakagamit ng material) of Tom becomes also the owner of the
said materials even if he failed to pay its full amount?

2. What are the rights of Tom being the owner of the materials in case Gerry failed or refused to
pay?

Answer:
1. Yes, because based on the principle of “accessio cedit principali” (the accessory follows the
principal) wherein the owner of the land who is in good faith personally makes constructions or
works thereon using materials belonging to somebody else becomes the owner of the said
materials though, he has an obligation to pay the value of the said materials.

2. In case Gerry fails or refuses to pay, Tom being the owner of the materials shall have the
right to remove them provided no substantial injury is caused to the landowner. Otherwise, he
has the right to reimbursement for the value of his materials.