POSSESSION  A judgment for ownership doesn't necessarily

include possession as a necessary incident

“pos sedere” (to be settled)
Art. 524. Possession may be exercised in one's
Art. 523. Possession is the holding of a thing or own name or in that of another. (413a)
the enjoyment of a right.
POSSESSION IN ANOTHER’S NAME
VIEWPOINTS OF POSSESSION
1. Voluntary—agent possesses for his principal
1. Right to possession or jus possidendi— 2. Involuntary—as when a mother possesses
possession de facto; incident of ownership for a child in a maternal womb
2. Right of possession or jus possessions— 3. Unauthorized—will become principal’s
possession de jure; independent of ownership possession only after there has been ratification
without prejudice to the effects of
DEGREES OF POSSESSION
negotiorum gestio
1. Mere holding or having without any right
Art. 525. The possession of things or rights may
whatsoever— grammatical degree
be had in one of two concepts: either in the
2. Possession with juridical title—juridical
concept of owner, or in that of the holder of the
possession
thing or right to keep or enjoy it, the ownership
3. Possession with just title but not from the pertaining to another person. (432)
real owner—real possessory right
CONCEPT OF OWNER
4. Possession with title of dominium, with a just
title from the owner  Other people believe through my actions,
REQUISITES OR ELEMENTS OF POSSESSION that I am the owner of the property
 Considered in the opinion of others as owner
1. There must be holding or control of a thing or  Regardless of good faith or bad faith
right  Contrary to concept of holder wherein I
2. There must be a deliberate intention to recognize another to be the owner of the
possess (or animus possidendi) property
3. The possession must be by virtue of one’s
own right EXAMPLES OF POSSESSION IN CONCEPT OF
HOLDER
CLASSES OF POSSESSION
- that of the tenant
1. In one’s own name or in that of another - that of usufructuary
2. In the concept of owner and concept of - “ despositay
holder - “ bailee in commadatum
3. In good faith or in bad faith
Art. 526. He is deemed a possessor in good faith
OWNERSHIP IS DIFFERENT FROM POSSESSION who is not aware that there exists in his title or
mode of acquisition any flaw which invalidates
 A person may be declared the owner but he
it. He is deemed a possessor in bad faith who
may not be entitled to possession
possesses in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of  The receipt of judicial summons
law may be the basis of good faith. (433a)  Even before such time as when a letter is
received from the true owner asking the
Art. 526 distinguishes good and bad faith, there
possessor to stop
must be flaw. If aware of it, he is in BF, if not
aware he is in GF. If there is no flaw, the article Art. 529. It is presumed that possession
should not apply. continues to be enjoyed in the same character
in which it was acquired, until the contrary is
MISTAKE ON A DOUBTFUL QUESTION OF LAW
proved. (436)
 It is true that ignorance of the law excuses no
PRESUMPTIONS REGARDING POSSESSION
one but error in the application of the law, in
the legal solutions arising from such application, 1. Good faith
and the interpretation of doubtful doctrine can 2. Continuity of the character of good faith
still make a person a transgressor, possessor, 3. Non-interruption of possession
violator in good faith. 4. Presumption of just title
5. Non-interruption of possession of property
Art. 527. Good faith is always presumed, and
unjustly lost but legally recovered
upon him who alleges bad faith on the part of a
6. Possession during intervening period
possessor rests the burden of proof.(434)
7. Possession of movables with real property
- The presumption of innocence is given 8. Exclusive possession of common property
because every person should be
Art. 530. Only things and rights which are
presumed honest till the contrary is
susceptible of being appropriated may be the
proved.
object of possession. (437)
- If no evidence is presented proving BF,
the presumption of GF remains. WHO OR WHO MAY NOT BE POSSESSED?

Art. 528. Possession acquired in good faith does - Only things/rights which are suceptible
not lose this character except in the case and to appropriation
from the moment facts exist which show that - Public dominion, Res communes,
the possessor is not unaware that he possesses Easements, things prohibited by law are
the thing improperly or wrongfully. (435a) the ff that CANNOT be possed.

WHEN IS POSSESSION IN GOOD FAITH RES NULLIUS may be POSSESSED, but cannot be
CONVERTED TO POSSESSION IN BAD FAITH acquired by PRESCRIPTION. However, it may be
acquired by Occupation.
1. From the moment facts exist showing the
possessor’s knowledge of the flaw, from that ACQUISITION OF POSSESSION
time he should be considered as a possessor in
bad faith Art. 531. Possession is acquired by the material
2. It doesn't matter whether the facts were occupation of a thing or the exercise of a right,
caused by him or by some other person or by the fact that it is subject to the action of
our will, or by the proper acts and legal
WHEN BAD FAITH BEGINS
formalities established for acquiring such right. AQUISITION OF POSSESSION FROM THE
(438a) VIEWPOINT OF WHO POSSESSES

HOW IS POSSESSION ACQUIRED? - Personal

- Thru authorized person
1. By material occupation - Thru unauthorized person (only if
2. By subjection to our will subsequenty ratified)
3. By constructive possession or proper acts
and legal formalities ESSENTIAL REQUISITES:
     a. Constititom possessorium exists when a
person who possessed property as an owner Personal
now possesses it in - intent to possess
some other capacity other than owner - capacity to possess
     b. Traditio brevi manu is the opposite of - object must be capable of being
constitutom possessorium possessed
     c. Traditio longa manu is delivery by consent
or mere ointing AP
     d. Traditio symbolica
- intent to possess for principal
ESSENTIAL REQUIREMENTS FOR POSSESSION - authority or capacity to possess (for
another)
1. The corpus (or the thing physically detained) - principal has capacity and intent to
2. The animus or intent to possess (whether possess
evidenced expressly or impliedly)
UP (Negotium Gestio)
CONSTRUCTIVE POSSESSION OF LAND
- intent to possess for another
 If an entire parcel is possessed under claim of - capacity of principal to possess
ownership, there is constructive possession of - ratification by principal
the entire parcel unless a portion thereof is
adversely possessed by another NEGOTIORUM GESTIO

Art. 532. Possession may be acquired by the

same person who is to enjoy it, by his legal
representative, by his agent, or by any person
without any power whatever: but in the last
case, the possession shall not be considered as
acquired until the person in whose name the
act of possession was executed has ratified the
same, without prejudice to the juridical
consequences of negotiorum gestio in a proper
case. (439a)
 Whoever voluntarily takes charge of the shall not benefit him except from the date of
agency or management of the business or the death of the decedent. (442)
property of another, without any power from
EFFECTS OF ACQUISITION OF POSSESSION
the latter, is obliged to continue the same until
THROUGH SUCCESSION
the termination of the affair and its incidents, or
to require the person concerned to substitute  If the father was in bad faith, it doesn't mean
him, if the owner is in a position to do so. This that the son is also in bad faith
juridical relation does not arise in either of
these instances: Art. 535. Minors and incapacitated persons may
1. When the property or business is not acquire the possession of things; but they need
neglected or abandoned; the assistance of their legal representatives in
2. If in fact the manager has been tacitly order to exercise the rights which from the
authorized by the owner. possession arise in their favor. (443)

 In the first case, the provisions of Articles PERSONS REFERRED TO IN ART:

1317, 1403, No. 1, and 1404 regarding
- unemancipated monors
unauthorized contracts shall govern.
- minors emancipated by parental
 In the second case, the rules on agency in
concession or by marriage
Title X of this Book shall be applicable. (1888a)
- other incapacitated (insane,
Art. 533. The possession of hereditary property prodigal/spendthrift, under civil
is deemed transmitted to the heir without interdiction, deaf-mutes)
interruption and from the moment of the death
NATURE OF THEIR POSSESSION
of the decedent, in case the inheritance is
accepted. One who validly renounces an  Possession by them is allowed only in those
inheritance is deemed never to have possessed matters where they have capacity to act and
the same. (440) not possession where juridical acts are
imperative
TIMES OF ACQUISITION OF POSSESSION
Art. 536. In no case may possession be acquired
1. If heir accepts—from the moment of death
through force or intimidation as long as there is
since there is no interruption
a possessor who objects thereto. He who
2. If heir refuses—he is deemed never to have
believes that he has an action or a right to
possessed the same
deprive another of the holding of a thing, must
*One who validly RENOUNCES inheritance is invoke the aid of the competent court, if the
deemed never to have possessed the same. holder should refuse to deliver the thing. (441a)

Art. 534. On who succeeds by hereditary title POSSESSION MAY NOT BE ACQUIRED THROUGH
shall not suffer the consequences of the THE FOLLOWING
wrongful possession of the decedent, if it is not
1. Force and intimidation
shown that he was aware of the flaws affecting
2. By mere tolerance (Permission)
it; but the effects of possession in good faith
3. Clandestine and secret possession
(Possession without knowledge – for this would GENERAL RULE REGARDING POSSESSION AS A
be possession by stealth, and not open for FACT
public)
Possession as a fact cannot be recognized at the
Art. 537. Acts merely tolerated, and those same time in two different personalities.
executed clandestinely and without the
Exceptions:
knowledge of the possessor of a thing, or by
violence, do not affect possession. (444) - Co-possessors
- Possession in different concepts or
Art. 538. Possession as a fact cannot be
recognized at the same time in two different degrees
personalities except in the cases of co- RULES OR CRITERIA TO BE USED IN CASE OF
possession. Should a question arise regarding CONFLICT OR DISPURE REGARDING POSSESSION
the fact of possession, the present possessor
shall be preferred; if there are two possessors, - present possessor shall be preferred
the one longer in possession; if the dates of the - If both are present, the one in longer
possession are the same, the one who presents possession
a title; and if all these conditions are equal, the - if both began to possess at the same
thing shall be placed in judicial deposit pending time, the one who present a title
determination of its possession or ownership - if both present a title, the court will
through proper proceedings. (445) determine.

1. Right of a person to be respected in his

possession
EFFECTS OF POSSESSION
2. Protection in said right or restoration to said
Art. 539. Every possessor has a right to be possession thru legal means
respected in his possession; and should he be
disturbed therein he shall be protected in or
restored to said possession by the means
established by the laws and the Rules of Court.
A possessor deprived of his possession through 3. The writ of preliminary mandatory injunction
forcible entry may within ten days from the
filing of the complaint present a motion to SPECIFIC RIGHT TO BE RESPECTED IN
secure from the competent court, in the action POSSESSION
for forcible entry, a writ of preliminary
1. Reasons for protection of possession
mandatory injunction to restore him in his
possession. The court shall decide the motion a. Possession is very similar to ownership and as
within thirty (30) days from the filing thereof. a matter of fact modifies ownership
(446a)
b. Possession almost invariably gives rise to the
RIGHTS TO BE RESPECTED IN POSSESSION— presumption that the possessor is the owner
GENERAL NATURE
2. Every possessor is protected under Art. 539 - If a person possesses in the concept of
—whether concept of owner or holder owner—he may eventually become the
owner by prescription
LEGAL MEANS FOR RESTORATION TO - Thus, a possessor merely in the concept
POSSESSION of holder cannot acquire property by
1. To prevent spoliation or a disregard of public acquisitive prescription—one cannot
order recognize the right of another and at
the same time claim adverse
2. To prevent deprivation of property without possession.
due process
POSSESSION IN THE CONCEPT OF HOLDER

The following cannot therefore aquire

ownership by prescription ( as long as they
remain such – mere possessors in the concept
of holder)
3. To prevent a person from taking the law into
1. Lessees
his own hands
2. Trustees
WRIT OF PRELIMINARY MANDATORY
INJUNCTION 3. Antichrectic creditors

1. Injunction cannot substitute for the other, 4. Agents

actions to recover possession. The possessor in
the meantime has in his favor, the presumption 5. Attorneys
of rightful possession, at least, till the case is 6. Depositaries
finally decided.
7. Co-owners
2. Requisites for the issuance—
Art. 541. A possessor in the concept of owner
a. In forcible entry cases—file within 10 days has in his favor the legal presumption that he
from the time of the complaint possesses with a just title and he cannot be
b. In unlawful detainer cases—within 10 days obliged to show or prove it. (448a)
from the time appeal is perfected only if PRESUMPTION THAT POSSESSOR HAS JUST
i. The lessee’s appeal is frivolous or dilatory TITLE

ii. The lessor’s appeal is prima facie meritorious 1. One must be in possession—actual or
constructive
Art. 540. Only the possession acquired and
enjoyed in the concept of owner can serve as a 2. The possession must be in the concept of
title for acquiring dominion. (447) owner

POSSESSION IN THE CONCEPT OF OWNER *In general way, we may say that, POSSESSION
IS PRESUMED OWNERSHIP*
THE KINDS OF TITLE EXCLUSIVE POSSESSION BY A PREVIOUS CO-
OWNER “SHALL BE DEEMED”
1. True and valid title (titulo verdadero y valido)
—there was a mode of transferring ownership = It gives a right and not just a mere
and the grantor was the owner presumption

2. Colorable title (titulo Colorado)—that title, RULES TO APPLY FOR CIVIL INTERRUPTION
although there was a mode of transferring
ownership, still something is wrong since the a. Civil interruption is produced by judicial
summons to the possessor
grantor is not the owner

3. Putative title—where although the person b. Judicial summons shall be deemed not to
have been issued and shall not give rise to
believes himself to be the owner, he is
nonetheless is not, because there was no mode interruption
of acquiring ownership - If it should be void for lack of legal
Art. 542. The possession of real property solemnities
presumes that of the movables therein, so long - If the plaintiff should desist from the
as it is not shown or proved that they should be complaint or should allow the proceedings to
excluded. (449) lapse
PRESUMPTION OF POSSESSION OF MOVABLES -If the possessor should be absolved from the
FOUND IN AN IMMOVABLE APPLICABILITY OF complaint
ARTICLE
Art. 544. A possessor in good faith is entitled to
1. Whether the possessor be in good faith or the fruits received before the possession is
bad faith legally interrupted. Natural and industrial fruits
are considered received from the time they are
2. Whether the possessor be in one own’s name
or in another’s gathered or severed. Civil fruits are deemed to
accrue daily and belong to the possessor in
3. Whether the possessor be in concept of good faith in that proportion. (451)
owner or holder
RIGHTS OF A POSSESSOR IN GOOD FAITH TO
Art. 543. Each one of the participants of a thing FRUITS ALREADY RECEIVED
possessed in common shall be deemed to have
Art. 545. If at the time the good faith ceases,
exclusively possessed the part which may be
allotted to him upon the division thereof, for there should be any natural or industrial fruits,
the possessor shall have a right to a part of the
the entire period during which the co-
possession lasted. Interruption in the expenses of cultivation, and to a part of the net
harvest, both in proportion to the time of the
possession of the whole or a part of a thing
possessed in common shall be to the prejudice possession. The charges shall be divided on the
same basis by the two possessors. The owner of
of all the possessors. However, in case of civil
interruption, the Rules of Court shall apply. the thing may, should he so desire, give the
possessor in good faith the right to finish the
(450a)
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)