Albetz Investment Inc., vs. CA

February 28, 1977 75 SCRA 310

Ponente: Justice Antonio

Facts: This is an action for damages caused to the plaintiffs' properties due to the alleged indiscriminate, negligent, and wanton demolition of the house of the plaintiffs when the sheriff served the writ of execution issued by the Municipal Court. Spouses were the lessees of that lot  No. 27 pt., Block No. BP-52 of a subdivision plan and located No. 816 Prudencio Street, Sampaloc, Manila.  Albetz Investments, Inc., the lessor, needing the premises in order to construct a new building, demanded delivery of the lot to it and upon refusal of of the Calma Spouses, Albetz Investments, Inc. brought an action of unlawful detainer against Vicenta Calma. Vicenta Calma and others filed a petition for certiorari with preliminary injunction on September 7, 1964 in the Court of First Instance of Manila. Alleging that the demolition was illegal because it was made eight (8) months after issuance of the demolition order, and that the manner it was carried out was indiscriminate, causing damage to their personal properties, the spouses Calma, owners of the house, and the spouses Umengan, occupants of its ground floor, commenced the instant action in the Court of First Instance of Manila. On the principal grounds that the order of demolition was no longer in force, having been issued eight (8) months before its enforcement, and that the said spouses were not notified of the order of demolition, and they demolished the house indiscrimately and the personal properties were carelessly placed, resulting in their being damaged, the Court of First Instance rendered judgment in favor of the plaintiffs and against the defendant, awarding them damages in specified amounts, as well as attorney's fees and costs of suit. Defendant appealed to the Court of Appeals.

Issue(s): Whether or not there can be a recovery of damage in consonance with Article 19 of the Civil Code?

Held: We find, on the basis of the records, that the Calma spouses could not have been unaware of the order of demolition prior to the date when their house was actually demolished.  It is apparent, therefore, that the Calma spouses were given more than sufficient time to comply with the order of the Municipal Court to remove voluntarily their house from the premises. It is not even necessary to await the order of demolition to be served upon the said spouses before carrying out the writ of demolition. Certainly, the demolition complained of in the case at bar was not carried out in a manner consistent with justice and good faith. At the instance of petitioner, it was done in a swift, unconscionable manner, giving the occupants of the house no time at all to remove their belongings therefrom. No damage worth mentioning would have been sustained by petitioner Albetz Investments, Inc. if their men, led by the Sheriff, had been instructed to allow said occupants to remove their personal properties, considering that this would not have taken a considerable length of time.