Effects of Good Faith and Bad Faith in Possession

Effect of Possession Good Faith Bad Faith

Presumption of acquisition of movables in
immovable (Art. 542) Presumption applies whether in Good Faith or Bad Faith
Right to fruits received before
possession was legally interrupted (Art. Possessor has a right to such fruits Possessor no longer has right to such fruits
Possessor may be given right to finish cultivation
Right to expenses and harvest in and harvest with indemnity for expenses and net
proportion to time of possession (Art. proceeds from harvest. If he refuses concession, Possessor has right to such expenses and
545) he will no longer be indemnified. harvest once possession in good faith ceases.
Right to retain thing until lawful Possessor is allowed to retain thing until reimbursed Possessor is entitled to reimbursement only.
possessor recovers (Art. 546) and refunded useful expenses. Only necessary expenses are refunded.
Right to removal of useful improvements Possessor is allowed to remove useful improvements Possessor in bad faith not entitled to removal
(Art. 547) if it can be done without injury unless refunded. of useful improvements.
Possessor can remove the thing or owner can
Possessor can remove the thing or the owner can refund the value at the time owner enters
Refund of luxurious expenses. (Art 548) retain the thing with refund the amount spent. possession.
Possessor must retun he value of the fruits
Possessor entitled to gathered/severed/harvested already received as well as fruits which
fruits, and pending and ungathered fruits (pro- owne/lawful possessor could have received w/
Rights to fruits of Possessor in Concept rating between possessor and owner of expenses, due diligence minus necessary expenses for
of Owner (Art. 549) net harvest and charges) cultivation, gathering and harvesting.
Costs of litigation (Art. 550) Borne by possessor regardless of good or bad faith
Improvements due to time or nature (Art.
551) Neither are entitled to to such as owner accrues such.
1. Before judicial summons- not liable; 2. After
Liability for the loss or deterioration of judicial summons- not liable if due to fortuitous Liable whether or not there is fortuitous event
thing possessed (Art. 552) event but liable if there is fraud or negligence. and before or after judicial summons.
Equivalent to title unless the owner reimburses the
price to return the thing, except when owner had
Possession of movable equivalent to title lost it or when unlawfully deprived (unless acquired
(Art. 559) in good faith in a public sale). Never equivalent to title.

Richard Allan A. Lim 2A Property