Philippine Civil Code Art. 1128: Good faith in possession

Statute: Philippine Civil Code
Article: Art. 1128
Topic: Good faith in possession
Status: In force
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE V PRESCRIPTION
Chapter: CHAPTER 2 Prescription of Ownership and Other Real Rights
Formerly: Art. 1951 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The conditions of good faith required for possession in articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. (1951)

Intellegal Wiki · In plain terms

The good-faith requirements set for possession in Articles 526 to 529 apply equally when determining good faith for acquiring ownership or real rights by prescription. The same standard of honest, flaw-unaware possession governs both. A possessor's good faith for prescription is judged by those possession rules.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Dario v. The Manila Lawn Tennis Club G.R. No. 967
Andrea B. Locsin v. Raymund J. Austria G.R. No. 225042

Related provisions in this Chapter

Civil Code, Art. 1126 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1125 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1124 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1132 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1123 Prescription of Ownership and Other Real Rights

Related research

In-depth Intellegal research that analyzes this provision.

Contract of Lease in the Philippines

Civil Code, Art. 1128 is found in CHAPTER 2 Prescription of Ownership and Other Real Rights of TITLE V PRESCRIPTION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.