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Art. 1678 NEED ADVICE!:)

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1 Art. 1678 NEED ADVICE!:) on Mon Apr 18, 2011 2:22 am

vash_12


Arresto Menor
May question lang po ako, yung may ari po ng bahay binigyan po kami ng 2 months para umalis kami dito sa aming tinitirahan na pagmamayari nila. Ito pong bahay na ito originally nasunog na po, at kami po nagparenovate (at our own expense). Yung may ari po sabi sa amin na hindi daw po kami pwedeng magtanggal ng kahit anong nilagay namin dito sa bahay, nasa law daw po ‘yon. Yung bubong po namin 80,000 po yung pagpapagawa dati(10 years ago), bibilhin daw po nila ng 7,000 lang po kasi daw depreciated na daw po yung price.

Pwede po ba naming tanggalin at kunin yung bubong po namin?

Makakasuhan po ba kami pag tinanggal po ba namin yung bubong?


According to Art. 1678, It should be one-half of the value at that time. Should the lessor refuse to reimburse said amount, the lessee may remove the improvements, even though the principal thing may suffer damage thereby.


Thank you in Advance Attorney!

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2 Re: Art. 1678 NEED ADVICE!:) on Wed Apr 20, 2011 10:32 pm

attyLLL


moderator
art. 1678 refers to useful improvements. a roof is essential.

what is your relationship with the owner, you are lessors? were you previously staying there before it was burned, or you took over in that state?


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3 Re: Art. 1678 NEED ADVICE!:) on Thu Apr 21, 2011 1:46 am

vash_12


Arresto Menor
Atty we are the Lessee, Our family is renting this place.

Originally it is a 2 storey compound, The upper storey of the compound is burned and we are staying in the lower portion of the compound which is intact (not burned). Because of the flood we decide to transfer in the upper storey of the compound and we advise the care taker (Lessor) of the house, and he agrees to it. Because it was burned down, We clean the structure remove the remaining coals and added a roof. Until such time that we improve the structure and make it livable.

What concerns us the most is that, we need the roof in order for us to use it in our new house. But the lessor said that anything that is put in their property cannot be taken away.

Is Art.1678 can protect us Atty?

Thank you for your big help Atty!

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4 Re: Art. 1678 NEED ADVICE!:) on Thu Apr 21, 2011 11:19 am

attyLLL


moderator
ok, i now agree that art 1678 is applicable because the starting off point was a burned out structure.

i would argue that the value of the roof should be based on at least 25 year depreciation which should give you 60% or P48,000. if they do not pay, be prepared to fight to get the roof out.


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5 Re: Art. 1678 NEED ADVICE!:) on Thu Apr 21, 2011 12:03 pm

vash_12


Arresto Menor
Thank you very much Attorney!

No more sleepless nights for us..

More Power! and God bless!

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6 Re: Art. 1678 NEED ADVICE!:) Today at 4:04 pm

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