Text of the provision
Art. 1128. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The conditions of good faith required for possession in Articles 526, 527, 528 and 529 are likewise necessary for acquisitive prescription.
Rather than defining good faith afresh for prescription purposes, this article borrows the standard already used elsewhere in the Code for possession generally. The same conditions that determine whether a possessor of a thing is in good or bad faith under those provisions are applied without modification when the question instead is whether prescription of ownership or another real right has run in the possessor's favor. This keeps the concept of good faith consistent across the Code rather than creating a separate, prescription-specific definition.
Questions about this provision
Related provisions
- Article 1127 — Good Faith of the Possessor.
Cases citing this article
- Desamparados M. Soliva, et al. vs. The Intestate Estate of Marcelo M. Villalba, et al, G.R. No. 154017, December 8, 2003 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.