Short answer. From the moment facts exist showing the possessor is aware his possession is improper. Good faith is not lost because someone claims you are wrong; it ends on a datable day when you actually learn of the defect. What you take from the property after that date is treated differently.
What the law says
Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully.
Civil Code, Article 528 — When Good Faith Ceases. Read the full provision →
A moment, not a mood
The article is built around a date. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist showing awareness of the defect. Two things follow. First, good faith carries forward on its own — it does not have to be renewed, and the possessor need not keep proving he still deserves it. Second, when it ends, it ends at an identifiable point rather than fading over a season of doubt. Litigation about possession is very often litigation about that single date.
What actually ends it
The wording is facts exist which show that the possessor is not unaware — a double negative that sets the bar at knowledge, not at suspicion and not at being told off. A neighbour shouting that the lot is his does not end good faith. A registered title produced and shown to you, a survey that places your fence inside another parcel, a summons in a case questioning your right, a letter from an heir with documents attached — these are the kinds of facts that do. What matters is that the possessor came to know of the flaw, however he came to know it.
Why the date is worth fighting over
Good faith is what entitles a possessor to keep the fruits of the land — the harvest, the rent, the produce — and it shapes his claim for what he spent on the property. Art. 544 gives the possessor in good faith the fruits received before his possession is legally interrupted. So the day good faith ends is the day the accounting changes: what was gathered before belongs to the possessor, and what comes after is claimed by the owner. A dispute over three years of rental income can turn entirely on when the possessor first saw the title.
Proving it either way
Because the test is what the possessor knew, the evidence is documentary and it is about delivery rather than content. Registered mail receipts, the date a demand letter was received, the date a case was filed and served, the date a survey was signed. If you are the possessor, the honest question is not whether you believed you were entitled but whether anything crossed your desk telling you otherwise. If you are the owner, the practical lesson is to put your claim in a form that carries a date and can be shown to have arrived.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Princess Rachel Development Corporation and Boracay Enclave Corporation vs. Hillview Marketing Corporation, Stefanie Dornau, G.R. No. 222482, June 2, 2020 — read the decision on LawPhil →
- Pen Development Corporation and Las Brisas Resort Corporation vs. Martinez Leyba, Inc, G.R. No. 211845, August 9, 2017 — read the decision on LawPhil →
- Rogelia Daclag, et al. vs. Elino Macahilig, et al, G.R. No. 159578, February 18, 2009 — read the decision on LawPhil →
- Spouses Dario Lacap and Matilde Lacap vs. Jouvet Ong Lee represented by Reynaldo de los Santos, G.R. No. 142131, December 11, 2002 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 528 — When Good Faith Ceases
- Civil Code, Article 544 — Good-Faith Possessor's Right to Fruits