Sunday, February 16, 2014

Material-men

In discussing Art. 2242 of the New Civil Code, Jurado has this on page 1228 of his book Civil Law Reviewer, 2009 Edition:


Jurado missed a few things here. First, give should be gives. Next, material-men should properly be material men as seen here.

Most importantly, as this is a direct quote, Jurado should have bracketed his insertions which is material-men.  He also left out the the word unregistered and used obligor instead of obligors.

The SC decision, from G.R. Nos. L-10817-18 says:
A close examination of the provision of the Civil Code invoked by appellant reveals that the law gives preference to unregistered refectionary credits only with respect to the real estate upon which the refection or work was made. This being so, the inevitable conclusion must be that the lien so created attaches merely to the immovable property for the construction or repair of which the obligation was incurred. Evidently, therefore, the lien in favor of appellant for the unpaid value of the lumber used in the construction of the building attaches only to said structure and to no other property of the obligors.

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