RULES ON FRUITS

Kinds of Fruits
Civil Fruits

Possessor in Good Faith

Possessor in Bad Faith

Entitled to fruits (from start of

possession until legal
interruption)

Not entitled to fruits

Damages for term of
possession

Right to retain fruits

Account for fruits

Natural/Industrial Fruits
Gathered

Return value of:

- Fruits received
- Fruits which the legal
possessor could have
received with due care
and diligence
Damages as reasonable rent for
the term of possession
Entitled to necessary expenses
for preservation, cultivation
and gathering of the fruits
Owner has two options:
Pending

Option 1: Pro-rating (based on No rights, not even

the period of possession)
reimbursement of expenses
between possessor and owner
for cultivation (because by
of
right of accession, all fruits
- Net harvest
belong to owner without need
- Expenses
to pay indemnity)
- Charges
Damages as reasonable rent for
Option 2: To allow possessor to
term of possession
stay in possession until after
all fruits are gathered (which
shall serve as indemnity for
expenses)

* If possessor refuses, he or she

loses right to be indemnified in
any manner
RULES ON EXPENSES, DETERIORATION/LOSS
Expenses
Necessary Expenses
(Indispensable for
preservation of the thing)

Possessor in Good Faith

Entitled to reimbursement
Right of retention

Possessor in Bad Faith

Entitled to reimbursement
No right of retention, must
vacate property (recourse is to
file collection case)
Damages as reasonable rent for
term of possession

Owner has two options:

Useful Expenses

Option 1: Retain ornament by

reimbursing either:
(Those which add value
- Amount spent or
to the property or
increase in value
increase the objects
- Right of retention until
productivity)
full payment

No rights

Option 2: Allow possessor to

remove provided no
substantial injury or damage is
caused
Owner has two options:
Luxurious Expenses

Owner has two options:

Option 1: Allow possessor to

Option 1: Allow possessor to
remove ornaments if principal
remove ornaments if principal
suffers no injury
suffers no injury

(Incurred for the

convenience and
enjoyment of the
Option 2: Retain ornament by Option 2: Retain ornament by
possessor but which do
refunding:
refunding:
not affect the existence,
- Amount spent for the
- Value of the ornament at
productivity or utility of
ornament (original value)
the time the owner
the thing)
enters into possession

(depreciated value)

Deterioration/Loss

Before judicial summons no

liability
After judicial summons:
- Not liable for force
majeure
- Liable for fraudulent
intent or negligence

Always liable (whether before or

after service of judicial
summons, for any cause, even
force majeure)