ee | Ateneo De Manila University ~ School of Law Property Possession Charts (revised April 2008) Atty. Francis Joseph H. Ampil 1 Rules on Fruits: Kinds of Fruits Possessor in Good Faith | Possessor in Bad Faith 1. Givil Fruits Entitled to fruits from start | Not entitled to fruits of possession until legal interruption, Must pay damages as rental from time possession started until possession is finally defeated 2, Natural/industrial Fruits a. Gathered Right to retain fruits Must account for fruits and return value of: (i) fruits actually received and (ii) fits which the legal possessor could have received with due care and diligence. Must pay damages as reasonable rent for the term of possession. | But entitled to necessary | expenses for preservation, | cultivation and gathering of | the fruits, b. Pending ‘Owner has 2 options: No rights, not even reimbursement of expenses | Option 1: Pro-rating (based | for cultivation (because by | on period of possession) | right of accession, all fruits | between possessor and | belong to owner without | | owner of: (i) expenses; (ii) | need to pay indemnity. | | net harvest; and Gif) charges. Must pay damages as | reasonable rent for the term | Option 2: To allow | of possession. | possessor to stay in | Possession until after all | fruits are gathered (which | shall serve as the indemnity | for expenses),Rules on Expenses and Deterioration/Loss: Expenses Possessor in Good Faith Possessor in Bad Faith T, Necessary Expenses Entitled to reimbursement, Right of retention pending full reimbursement. Enitled to reimbursement, No right of retention; must ‘vacate property (recourse is to file collection case. Liable for damages as reasonable rent for period of possession. 2. Useful Expenses ‘Owner has 2 options: Option 1: Reimbursement of either (i) amount spent or | Gi) increase in value with right of retention until full payment, Option 2: To allow possessor to remove provided no substantial damage or injury is caused. ‘No rights. 3. Luxurious Expenses ‘Owner has 2 options: Option 1: To allow possessor to remove omaments if the principal suffers no injury’ Option 2: To retain the comament by refunding the amount spent for the omament. ‘Owner has 2 options: Option 1; To allow possessor to remove ‘omaments if the principal suffers no injury. Option 2: To retain the ‘omament by refunding the value of the omament at the ‘time owner enters into possession (which means depreciated value). “4, Deterioration/Loss No liability unless due to fraudulent intent or negligence after service of judicial summons. ‘Always liable whether before or afier service of judicial summons, for any cause, even fortuitous event.