SARMIENTO V. AGANA
129 SCRA 122
Mother-in-law offered a lot for the construction of house by the spouses. Here comes Sarmiento, alleging himself to be the owner of the land. The trial court ordered Sarmiento to exercise option and there was failure to do so. The spouses then consigned the amount in court.
The landowner cannot refuse both to appropriate or sell the land, and to compel the builder to remove it from the land on which it is located. He is entitled to such demolition only when after having chosen to sell the land, the other party fails to pay for the same.