Text of the provision
Art. 545. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession. The charges shall be divided on the same basis by the two possessors. The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner.
(452a)
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
When good faith ceases with fruits still growing, the possessor is entitled to a share of the cultivation expenses and of the net harvest, both in proportion to the time possessed. The owner may instead let the good-faith possessor finish the harvest as indemnity; refusing that offer forfeits other indemnity.
Related provisions
- Article 544 — Good-Faith Possessor's Right to Fruits.
- Article 546 — Necessary and Useful Expenses.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.