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PHILIPPINE NATIONAL BANK v. GENEROSO DE JESUS

This case has been cited 6 times or more.

	GR No. 152319 2009-10-28	LIMENSE v. RITA VDA. DE RAMOS PERALTA, J.
The choice belongs to the owner of the land, a rule that accords with the principle of accession that the accessory follows the principal and not the other way around.[37] Even as the option lies with the landowner, the grant to him, nevertheless, is preclusive. He must choose one. He cannot, for instance, compel the owner of the building to instead remove it from the land.[38]
	GR No. 175399 2009-10-27	OPHELIA L. TUATIS v. SPS. ELISEO ESCOL CHICO-NAZARIO, J.
The rule that the choice under Article 448 of the Civil Code belongs to the owner of the land is in accord with the principle of accession, i.e., that the accessory follows the principal and not the other way around. Even as the option lies with the landowner, the grant to him, nevertheless, is preclusive.[54] The landowner cannot refuse to exercise either option and compel instead the owner of the building to remove it from the land.[55]
	GR No. 178906 2009-02-18	ELVIRA T. ARANGOTE v. SPS. MARTIN MAGLUNOB AND LOURDES S. MAGLUNOB CHICO-NAZARIO, J.
Moreover, the petitioner cannot be considered a builder in good faith of the house on the subject property. In the context that such term is used in particular reference to Article 448 of the Civil Code, a builder in good faith is one who, not being the owner of the land, builds on that land, believing himself to be its owner and unaware of any defect in his title or mode of acquisition.[47]
	GR No. 146259 2007-09-13	OCHOA v. MAURO APETA SANDOVAL-GUTIERREZ, J.
Good faith is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage. It implies honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry.[8] The essence of good faith lies in an honest belief in the validity of one's right, ignorance of a superior claim and absence of intention to overreach another.[9] Applied to possession, one is considered in good faith if he is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.[10]
	GR NO. 153625 2006-07-31	HEIRS OF MARCELINO CABAL AUSTRIA-MARTINEZ, J.
It has been said that good faith is always presumed, and upon him who alleges bad faith on the part of the possessor rests the burden of proof.[60] Good faith is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage. An individual's personal good faith is a concept of his own mind and, therefore, may not conclusively be determined by his protestations alone. It implies honesty of intention, and freedom from knowledge of circumstances which ought to put the holder upon inquiry.[61] The essence of good faith lies in an honest belief in the validity of one's right, ignorance of a superior claim, and absence of intention to overreach another.[62] Applied to possession, one is considered in good faith if he is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.[63]
	GR NO. 168217 2006-06-27	JOY LEE RECUERDO v. PEOPLE CALLEJO, SR., J.
There can be no estafa if the accused acted in good faith because good faith negates malice and deceit.[19] Good faith is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage. An individual's personal good faith is a concept of his own mind, therefore, may not conclusively be determined by his protestations alone. It implies honesty of intention and freedom from knowledge of circumstances which ought to put the holder upon inquiry. The essence of good faith lies in an honest belief in the validity of one's right, ignorance of a superior claim, and absence of intention to overreach another.[20] In People v. Gulion,[21] the Court held that: Good faith is a defense to a charge of Estafa by postdating a check. This may be manifested by the accused's offering to make arrangements with his creditor as to the manner of payment or, as in the present case, averring that his placing his signature on the questioned checks was purely a result of his gullibility and inadvertence, with the unfortunate result that he himself became a victim of the trickery and manipulations of accused-at-large.[22] In the present case, the prosecution adduced proof beyond reasonable doubt of the guilt of the petitioner of the crime charged. The trial court gave credence and probative weight to the evidence of the People and disbelieved that proferred by the petitioner.