- Statute
- Civil Code
- Article
- Art. 527
- Topic
- Possession and the Kinds Thereof
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE V POSSESSION
- Chapter
- CHAPTER 1 Possession and the Kinds Thereof
- Formerly
- Art. 434 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (434)
Intellegal Wiki · In plain terms
The law always presumes a possessor acted in good faith; anyone claiming the possessor was in bad faith must prove it. A possessor is assumed to have honestly believed their possession was lawful, and the burden shifts to the party alleging otherwise. This presumption drives many disputes — a possessor's or builder's rights and liabilities often turn on good faith versus bad faith.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Vicente I. Santos v. Intermediate Appellate Court
- Spouses Maximo Espinoza v. Spouses Antonio Mayandoc
- Tecnogas Philippines Manufacturing Corporation v. Court of Appeals (Former Special Seventeenth Division)
- Department of Transportation v. Spouses Vicente Abecina
- Labajo v. Enriquez G.R. No. L-11093
Related provisions in this Chapter
Related research
Browse the Civil Code
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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 Provisions may have been amended or repealed.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.