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Possession - Is the holding of a thing OR the enjoyment of a right, whether by material occupation or by the fact that the thing

or the right is subjected to the action of our will. It is a real right independent of and apart from ownership i.e. the right of possession (jus possessionis) as distinguished from the right to possess (jus possidendi). Cases of Possession 1. Possession for oneself or possession exercised in ones own name and possession in the name of another Art 524 2. Possession in the concept of an owner and possession in the concept of a mere holder with the ownership belonging to another Art 525 3. Possession in good faith and possession in bad faith Art 526 Ownership is different from possession.Though one owns property, the right to possess the same may be in the hands of another as a tenant or lessee. Degrees of Holding of Possession 1. Mere holding or possession without title whatsoever and in violation of the right of the owner E.g. possession of a thief/robber or a usurper of land 2. Possession with a juridical title, but not that of ownership E.g. possession of tenant, depository agent, bailee, trustee, lessee, antichretic creditor. This degree of possession will never ripen into full ownership as long as there is no repudiation of concept under which property is held. 3. Possession with a just title or title sufficient to transfer ownership, but not from the true owner E.g. possession of a vendee from vendor who pretends to be the owner This degree of possession ripens into full ownership by lapse of time. 4. Possession with a just title from the true owner The delivery of possession transfers ownership, and strictly speaking, is the jus possidendi. Presumptions in favor of Possesor ART.527 PRESUMPTION OF GOOD FAITH

The provision does not say that good faith exists, but it is presumed; it is just because possession is the outward sign ofownership e.g of the presumption: defendants possession of persona. ART.528 CESSATION OF GOOD FAITH DURING POSSESSION -possession which begins in good faith is presumed to continue in good faith until the possessor acquires knowledge of the facts showing a defect or weakness inhis title*bad faith begins or good faith is interrupted from thetime the possessor becomes aware that he possesses the thing improperly or wrongfully NOT from the timepossession was acquired; -in the absence of other facts showing thepossessor's knowledge of defect in his title, good faith is interrupted from the receipt orservice of judicial summons; -a possessor in good faith is entitled to the fruitsonly so long as his possession is not legallyinterrupted, and so long as his possession is notlegally interrupted, and such interruption takesplace upon service of judicial summons. ART.529CONTINUITY OF THE CHARACTER OF THEPOSSESSION -the character of the possession is presumed to continue until the contrary is proved other presumptions affecting possession: -uninterrupted possession of hereditary property(art.533 par.1); -possession with just title (art.541); -possession with movables with real property(art.542); -exclusive possession of common property(art.543); -continuous possession (art.544); -uninterrupted possession (art.561); -possession during intervening period (art. 1138[2])

ART.531WAYS OF ACQUIRING POSSESSION 1. by the material occupation or exercise of a right; 2. by the subjection of the thing or right to our will; 3. by proper acts and legal formalities established foracquiring such right of possession ART. 532BY WHOM POSSESSION ACQUIRED

1. personally or by the same person who is to enjoy it; 2. thru an authorized person or by his legalrepresentative or agent; 3. thru an unauthorized person or by any personwithout any power or authority whatever ART.533ACQUISITION OF POSSESSION THROUGHSUCCESSION 1. -the rights to the succession are transmitted fromthe moment of the death of the decedent; 2. -the effects of the acceptance or repudiationretroact to the moment of the death of thedecedent; 3. -if the inheritance is accepted, the possession ofthe hereditary property is deemed transmitted byoperation of law to the heir without interruption and from the moment of the decedents death; 4. if the inheritance is validly renounced, the heiris deemed never to have possessed the same.

ART.535ACQUISITION AND EXERCISE OF RIGHTS OFPOSSESSION BY MINORS AND INCAPACITATEDPERSONS 1. possession by persons without capacity refers to unemancipated minors and other persons who have no capacity to act as; 2. possession of incorporeal things; 3. acquisition of possession by material occupation as a general rule, acquisition of possession by theaction of our will and by the proper acts and legalformalities is not applicable to incapacitated persons; 4. exercise of rights of possession through legalrepresentatives once possession of a thing isacquired by such persons, there is born the right ofpossession of their legal representatives.

ART.536 RECOURSE TO THE COURTS The above provision applies to one who believes himself the owner of real property, if he takes justice in his own hands, he is a mere intruder and can be compelled to return the property in an action for forcible entry

Art 538 RULE TO SOLVE CONFLICT OF POSSESSION GENERAL RULE: Possession cannot be recognized in two different personalities. EXCEPTION: In cases of co-possession by co-possessors without conflicting claims or interest

In case of conflicting possession, preference is given to: a. b. c. Present possessor or actual possessor If there are 2 or more possessors, the one longer in possession If dates of possession are the same, the one who presents a title

d. If all conditions are equal, the thing shall be placed in judicial deposit pending determination of possession or ownership through proper proceedings
ART 539-561 EFFECTS OF POSSESSION

1. In general, every possessor has a right to be respected in his possession; if disturbed


therein, possessor has right to be protected in or restored to said possession Art 539 a. Actions to recover possession

1. Accion interdictal or Summary proceedings forcible entry and unlawful detainer


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Plaintiff may ask for writ of preliminary mandatory injunction Within 10 days from the filing of complaint in forcible entry

2. Accion publiciana based on superior right of possession, not ownership 3. Accion reivindicatoria recovery of ownership, including the right to possess
4. Action for replevin possession or ownership for movable property b. Lawful possessor can employ self-help Art 429

(pp58, 2009 San Beda Property Law Memory Aid)

Subject
a. Fruits gathered

Possessor in good faith


a. to possessor

Possessor in bad faith


a. to owner

b. Cultivation Expenses of gathered fruits c. Fruits pending and charges d. Production expenses of pending fruits

b. not reimbursed to possessor c. prorated according to time d. indemnity pro rata to possessor (owners option) i. in money, or ii. by allowing full cultivation and gathering of all fruits

b. reimbursed to possessor c. to owner d. no indemnity

e. Necessary expenses f.. Useful expenses

e. reimbursed to possessor; retention f. reimbursed to possessor (owners option) i. initial cost ii. plus value may remove if no reimburse-ment, and no damage is caused to the principal by the removal

e. reimbursed to possessor; no retention f. no reimbursement

g. Ornamen-tal expenses

g. reimburse- ment at owners option: i. removal if no injury, or ii. cost without removal

g. owners option: i. removal, or ii. value at time of recovery h. taxes and charges i. charged to owner ii. charged to owner iii. to owner i. no reimburse-ment j. liable in every case

h. Taxes and charges i. on capital ii. on fruits iii. charges i. Improve-ments no longer existing j. Liability for accidental loss or deterioration

h. taxes and charges i. charged to owner ii. charged to possessor iii. prorated i. no reimbursement j. only if acting with fraudulent intent or negligence, after summons

k. Improve- ments due to time or nature

k. to owner or lawful possessor

k. to owner or lawful possessor

Possession In the concept of holder possessor holds it merely to keep or enjoy it, the ownership pertaining to another person; possessor acknowledges in another a superior right which he believes to be ownership; cannot acquire ownership by prescription

None of these holders may assert a claim of ownership for himself over the thing but they may be considered as possessors in the concept of owner, or under claim of ownership, with respect to the right they respectively exercise over the thing. (i.e. Lesses, Trustees, Antichretic Debtor, Agents, Attorneys regarding their clients properties, Depositaries, Co-owners) Reason: They acknowledged the ownership of the other.

Acts NoT Constituting Loss of Possession 1. Acts executed by stealth and without knowledge of the possessor 2. Acts merely tolerated either by the possessor or by his representative or holder in his name unless authorized or ratified 3. Violence 4. Temporary ignorance of the whereabouts of movable property

The possessor who recovers possession is considered as having had uninterrupted possession despite these acts of violence, stealth and tolerance; but he must recover possession by due process, and not otherwise (Arts. 561, 536, 539)

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