Monday, July 11, 2011

Ignorance of the law as the basis of good faith.

I would like to add the concept of Ignorance of the law as the basis of good faith.

Article 526 of the Civil Code provides that:


He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult question of law may be the basis of good faith.


The civil code specifically provides that a mistake on a doubtful or difficult question of law may be the basis of good faith. This does not mean, however, that one is excused because of such ignorance. He is still liable, but his liability shall be mitigated. [1]


In the case of Kasilag vs. Rodriguez[2], the Supreme Court held that one who possesses land by virtue of a void contract can, nevertheless, be considered a possessor in good faith if the law involved is comparatively difficult to comprehend, and as such he is entitled to reimbursement for useful improvements he had introduced on the land before he is deprived of the land.



[1] Paras, Civil Code of the Philippines Annotated Book 1 Persons and Family Relations, p24, 14th Edition

[2] 69 Phil. 217

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