ART. 484.

THERE IS CO-OWNERSHIP WHENEVER THE OWNERSHIP OF AN UNDIVIDED THING OR RIGHT

BELONGS TO DIFFERENT PERSONS. IN DEFAULT OF CONTRACTS, OR OF SPECIAL PROVISIONS, CO-
OWNERSHIP SHALL BE GOVERNED BY THE PROVISIONS OF THIS TITLE.

ART. 523. POSSESSION IS THE HOLDING OF A THING OR THE ENJOYMENT OF A RIGHT.

ART. 526. HE IS DEEMED A POSSESSOR IN GOOD FAITH WHO IS NOT AWARE THAT THERE EXISTS IN
HIS TITLE OR MODE OF ACQUISITION ANY FL AW WHICH INVALIDATES IT.

HE IS DEEMED A POSSESSOR IN BAD FAITH WHO POSSESSES IN ANY CASE CONTRARY TO THE
FOREGOING.

MISTAKE UPON A DOUBTFUL OR DIFFI CULT QUESTION OF LAW MAY BE THE BASIS OF GOOD FAITH.

ART. 562. USUFRUCT GIVES A RIGHT TO ENJOY THE PROPERTY OF ANOTHER WITH THE OBLIGATION
OF PRESERVING ITS FORM AND SUBSTANCE, UNLESS THE TITLE CONSTITUTING IT OR THE LAW
OTHERWISE PROVIDES.

REQUISITES FOR REPUDIATION OF CO-OWNERSHIP

(a) As a general rule, one co-owner cannot acquire the whole property as against the other co-owners.
This is why the others can demand, as a rule, partition at any time. But this is only true, so long as the
co-owner concerned expressly or impliedly recognizes the co-ownership

(b) If, however, certain requirements are complied with, a co-owner can become the exclusive owner of
the others’ shares by prescription.

(c) These conditions are:

1) He must make known to the other co-owners that he is defi nitely repudiating the co-
ownership and that he is claiming complete ownership over the entire property.

2) The evidence of repudiation and knowledge on the part of the others must be clear and
convincing.

3) The other requirements of prescription — continuous, open, peaceful, public, adverse

possession for the period of time required under the law must be present. (See Santos v. Heirs
of Crisostomo, 41 Phil. 342; see also Bargayo v. Camunot, 40 Phil. 857).

4) The period of prescription (Statute of Limitations) shall start to run only from such
repudiation of coownership. (Castillo v. Court of Appeals, L-18046, Mar. 31, 1964).

4 DEGREES OF POSSESSION

(a) Mere holding or having, without any right whatsoever. (This is the grammatical degree).
(Example: possession by a thief.)
 (b) Possession with a juridical title, but not that of an owner. (Example: that of a lessee, pledgee,
depositary.) (This is called juridical possession.)

(c) Possession with a just title, but not from the true owner (This is called real possessory right.)
(Example: A in good faith buys an automobile from B who delivers same to A, and who merely
pretended to be the owner.) [NOTE: Under Art. 430 of the old Civil Code, there was a distinction
between natural and civil possession. The fi rst was a physical holding (detention); the other was
natural possession, coupled with the intention of making the thing or right as one’s own. This
distinction has been abolished, because at all events, all kinds of rightful possession are entitled
to protection. Besides, the alleged distinction was confusing, since the possession of a thief
under said old rule was one of civil possession, with the thief intending to make as his own, the
thing stolen.].

(d) Possession with a title of dominium, that is, with a just title from the owner. (This is really
ownership or possession that springs from ownership.) (3 Sanchez Roman 405)

4 KINDS OF CONSTRUCTIVE POSSESSION

(1) Constitutum possessorium exists when a person who possessed property as an owner, now
possesses it in some other capacity, as that of lessee or depositary.

(2) Traditio brevi manu — (the opposite of constitutum possessorium) — this exists when a
person who possessed property not as an owner (like a lessee), now possesses it as owner.

(3) Traditio longa manu (delivery by the long hand) — delivery by consent or mere pointing. (See
4 Manresa 148-149).].