Text of the provision
Art. 453. If there was bad faith, not only on the part of the person who built, planted or sowed on the land of another, but also on the part of the owner of such land, the rights of one and the other shall be the same as though both had acted in good faith. It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part.
(364a)
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
If both the builder/planter/sower and the landowner acted in bad faith, their rights are settled as though both had acted in good faith. The landowner is in bad faith when the work was done with their knowledge and without their opposition.
Related provisions
- Article 452 — Bad-Faith Builder's Necessary Expenses.
- Article 454 — Landowner in Bad Faith, Builder in Good Faith.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.