MANOTOK REALITY V. TECSON

164 SCRA 587

 

FACTS:

Private respondent  in an earlier dispute was held  to be a  builder in good faith and the petitioner was adjudged to reimburse with PR having right of retention.  He filed a motion to exercise option but was opposed since the property were burned during a fire.   
 

HELD:

An issuance of a writ of execution is proper even if private respondent was adjudged to a builder in good faith or peculiar circumstances supervened.  The option belongs to the landowner to begin with.