Civil Law

FULE v. LEGARE G.R. No. L-17951 February 28, 1963 Purchaser in Good Faith


Emilia Legare was the owner of a parcel of land, together with a residential house built thereon. One night, John W. Legare, her adopted son, had her sign a paper. Emilia, who did not know how to read nor write, although she could sign her name, signed the paper not knowing what it was.

Emilia later discovered that her properties were sold by John to defendants spouses Fule. The plaintiff thereupon sought the help of her attorney. It was then discovered that the paper which John had Emilia signed was a deed of sale of the lot and house in question in favor of John W. Legare.

The trial court and the CA rendered judgment in favor of Emilia.


Whether or not herein petitioners are purchasers in good faith and for value.


Guided by the facts found by the CA, We hold the herein petitioners innocent purchasers for value of the house and lot here disputed. In consequence, they are here adjudged the lawful owners thereof.

A purchaser in good faith is one who buys property of another, without notice that some other persons has a right to, or interest in, such property and pays a full and fair price for the same, at the time of such purchase, or before he has notice of the claim or interest of some other persons in the property.

Good faith consists in an honest intention to abstain from taking any unconscientious advantage of another. We have measured the conduct of the petitioner spouses by this yardstick.

It should be noted that the deed of sale was regular upon its face, and no one would have questioned its authenticity since it was duly acknowledged before a notary public.

The diligence and precaution observed by the petitioners themselves could hardly have been wanting. The records show that they did not rely solely and fully upon the deed of sale in favor of John W. Legare and the fact that John had then in his possession the corresponding certificate of title of the registered owner.

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