- Statute
- Philippine Civil Code
- Article
- Art. 552
- Topic
- Effects of Possession
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE V POSSESSION
- Chapter
- CHAPTER 3 Effects of Possession
- Formerly
- Art. 457a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. (457a)
Intellegal Wiki · In plain terms
Good faith changes who bears the risk of the thing's deterioration or loss. A possessor in good faith is not liable at all, unless it is proved that he acted with fraudulent intent or with negligence after the judicial summons — the summons being the point at which he is put on notice that his possession is contested. A possessor in bad faith is liable in every case, even where the deterioration or loss was caused by a fortuitous event. Whether a possessor is in good faith is determined under Articles 526 to 528, and good faith is presumed until the contrary is proved.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Nicolas Lunod v. Higino Meneses G.R. No. 4223