CASE DIGEST: Albetz Investments, Inc. v. CA (G.R. No. L-32570)

CASE DIGEST: [G.R. No. L-32570, February 28, 1977] ALBETZ INVESTMENTS, INC., petitioner, vs. COURT OF APPEALS, HON. JOSE N. LEUTERIO, as Judge of the Court of First Instance of Manila, Branch II, and SPOUSES RICARDO CALMA AND VICENTA D. CALMA, and SPOUSES FRANCISCO UMENGAN and MARIA R. UMENGAN, respondents.

FACTS: Having won a case in a final and executory judgment, the winning party, in having the judgment executed, did not give the occupants of a house (sought to be demolished) sufficient time to remove their personal belongings.

ISSUE: Are said occupants entitled to damages?

HELD: Since no reasonable time was given, and the belongings were damaged, the demolition of the house may be said to have been carried out in a manner not consistent with justice and good faith, as required by Art. 19 of the Civil Code. Damages may therefore be awarded in view of this abuse of a right.

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