Gentlemen:

Quoted hereunder, for your information, is a resolution of the Third Division of this Court dated JAN 21 2004.

G.R. No. 149295 (Philippine National Bank vs. Generoso De Jesus, Represented By His Attorney-In-Fact, Christian De Jesus.)

RESOLUTION

Petitioner filed a motion seeking reconsideration of this Court’s decision, promulgated on 23 September 2003, affirming the decision of the Court of Appeals in C.A. G.R. CV No. 56001. Petitioner would urge this Court to apply Article 448 of the Civil Code in this instance, citing the ruling in Tecnogas Philippines Manufacturing Corporation vs. Court of Appeals[1] where the benefits of Article 448 were extended to Tecnogas. Tecnogas was the successor-in-interest of the builder of a structure on the land of another that thus called for the application of Article 448. In buying the property, Tecnogas merely stepped into the shoes of the seller in regard to all rights over the immovable sold that embraced the right to compel the owner of the encroached land to exercise either of the two options under Article 448. It was not the situation that obtained in the present case.

WHEREFORE, the motion for reconsideration is denied with finality.

Very truly yours,

(Sgd.) JULIETA Y. CARREON

Clerk of Court