Professional Documents
Culture Documents
Possessor in Good Faith
Possessor in Good Faith
HOW
DO YOU ACQUIRE POSSESSION?
A possessor in good faith honestly believes that his right is valid and/or that he owns the
property
A possessor in good faith is entitled to the benefits received before the possession is
legally interrupted
A possessor may retain possession of the property until reimbursed
Natural fruits refer to the spontaneous products of the soil such as trees that
naturally grows. Natural fruits include the young and other products of
animals. Industrial fruits are those produced by lands of any kind
through cultivation or labor such as pineapples, carrots, and other products that
are results of cultivation and intervention of human labor. Civil fruits are the
results of contracts or any other juridical relation such as rents of buildings, the
price of leases of lands, and other property and the amount of perpetual or
life annuities or other similar income.
This means that any benefit received by the possessor in good faith remains
to be his. The possessor is not mandated by law to return in any manner the
benefits already received to the true owner of the property from which he
derived such benefits.
In case the possession of a possessor in good faith is now being legally
questioned or challenged by a person who turned out to be the true owner of
the property, or in case the possessor in good faith discovered or becomes
aware that he no longer has a legal right over the property in his possession,
what right(s) does he have?
Furthermore, if at the time the good faith ceases, there should be any
natural or industrial fruits, the possessor has a right to a part of the
expenses for cultivation, and to a part of the net harvest, both in proportion
to the time of possession. Also, the charges or expenses will be divided
between the first possessor and the true owner in the same basis.
However, the true owner of the property may give the possessor in good
faith the right to finish the cultivation and gathering of the growing fruits, as
an indemnity for his part of the expenses of cultivation and the net
proceeds. If the possessor in good faith refuses to accept the right to finish
the cultivation and gathering of the growing fruits, he loses the right to be
indemnified in any manner.