POSSESSION

ARTICLE 523. POSSESSION IS THE HOLDING OF A THING OR

THE ENJOYMENT OF A RIGHT

Concept:

1. As an act – (holding) the holding of a thing or the enjoyment of a right

with the intention to possess in one’s own right;
2. As a fact – (existence) when there is holding or enjoyment;

The fact of possession gives rise to certain rights and presumption, such
as the right to be respected in his possession, and should he be disturbed
therein, he shall be protected in or restored to said possession.

Possession is not definitive proof of ownership nor is non-possession

inconsistent therewith.

3. As a right – (consequences) the right of a person to hold or enjoy to the

exclusion of all other having better right than the possessor

a) Jus Possidendi – right TO possession which is incidental to or

included in the right of ownership
b) Jus Possessionis – right of possession independent of the right of
ownership.
Requisites:
1. Occupancy, apprehension, or taking of a thing or right
(possession in fact) which may be actual or constructive;
2. Deliberate intention to possess (animus possidendi) – this
intention to possess is usually inferred from the fact that the
thing in question is under the apparent control and power of the
possessor.

 Actual possession – exists when the drug is in immediate physical

possession or control of the accused.
 Constructive Possession -exists when the drug is under the
dominion and control of the accused or when he has the right to
exercise dominion and control over the place where it is found.

3. By virtue of one’s own right – in his own name or in that of

another
Possession Distinguished from Ownership

1. A person may be declared the owner, but he may not be entitled to

possession;
2. A person may have introduced improvements thereon of which he may not
be deprived without due hearing. He may not have other valid defenses to
resist surrender of possession;
3. Judgment for ownership does not necessarily include possession as a
necessary incident.

Degrees of Possession

1. Grammatical Degree – possession without any title whatsoever – mere

holding without any right at all;
2. Juridical Possession – possession with juridical title – predicated on
juridical relation existing between the predecessor and the owner (ex.
Lessee, usufructuary, depositary, agent);
3. Real Possessory Right – possession with just title – the possession of an
adverse claimant whose title is sufficient to transfer ownership but is
defective (ex. When the seller is not the true owner or could not
transmit his rights thereto to a possessor who acted in good faith)
4. Dominium – possession with a title in fee simple – derived from the
right of dominion or possession of an owner; the highest degree of
possession

Classification of Possession

Overview:

1. Possession in one’s own name and possession in the name of another;

2. Possession in the concept of an owner and possession in the concept of
holder; and
3. Possession in good faith and possession in bad faith

A. According to the Name Used as to Existence

ARTICLE 524. POSSESSIION MAY BE EXCERCISED IN ONE’S OWN

NAME OR IN THAT OF ANOTHER

1. In one’s own name (Art. 524) – where possessor claims the thing for
himself
  Embraces all kinds of possession anchored on juridical title or
right, e.g. possession by the owner himself, possession by a lessee
or a mere usufructuary;
 Both the fact of possession and the right to such possession are
found in the same person

2. In the name of another (Art. 524) – for whom the thing is held by the
possessor.

 Possession by a person WITHOUT any right of his own and one which is
strictly of an agent or merely an instrument in the exercise of such
possession.”
 The right to the possession is in one person while the fact of
possession is in another person and the latter merely acts in
representation of the former

a. Voluntary – as when an agent possesses for the principal (by virtue of

an agreement);
b. Necessary or legal – when exercised by virtue of law, such as
possession in behalf of incapacitated persons, a mother for her child
and juridical entities;
c. Unauthorized – this will become the principal’s possession only after
there has been ratification without prejudice to the effects of
negotiorum gestio

B. According to the Concept of Possession

ARTICLE 525. THE POSSESSION OF THINGS OR RIGHTS MAY BE HAD

IN ONE OF TWO CONCEPTS: EITHER IN THE CONCEPT OF OWNER; OR
IN THAT OF THE HOLDER OF THE THING OR RIGHT TO KEEP OR
ENJOY IT, THE OWNERSHIP PERTAINING TO ANOTHER PERSON.

1. In the concept of owner – possessor of thing or right, by his actions, is

considered or believed by others as the owner regardless of good or bad
faith of the possessor recognizing no title of ownership in another.

Only the possession acquired and enjoyed in the concept of owner can
serve as a title for acquiring dominion.

Such possessor is presumed to possess just title and cannot be obliged to

show or prove it.
 Such adverse possession may ripen into ownership.

 The concept of an owner refers to the opinion or belief of the neighbors

and the rest of the world and not that of the possessor.

Note: It is essential that such flaw or defect in the title must be such that it
will have the effect of invalidating the title. If flaw or defect does not result in
invalidation of title, he is not merely a possessor in good faith but the owner.
The phrase possessor in good faith presupposes ownership of another.

2. In the concept of the holder – possessor holds it merely to keep or

enjoy it, the ownership pertaining to another.

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.

C. According to the Condition of the Mind

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 FLAW 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 DIFFICULT QUESTION OF LAW

MAY BE THE BASIS OF GOOD FAITH.

ART. 527. GOOD FAITH IS ALWAYS PRESUMES, AND UPON HIM WHO
ALLEGES BAD FAITH ON THE PART OF A POSSESSOR RESTS THE
BURDEN OF PROOF.

ART. 528. POSSESSION ACQUIRED IN GOOD FAITH DOES NOT LOSE

HIS CHARACTER EXCEPT IN THE CASE AND FROM THE MOMENT
FACTS EXIST WHICH SHOW THAT THE POSSESSOR IS NOT UNAWARE
THAT HE POSSESSES THE THING IMPROPERLY OR WRONGFULLY.
ART. 529. IT IS PRESUMED THAT POSSESSION CONTINUES TO BE
ENJOYED IN THE SAME CHARACTER IN WHICH IT WAS ACQUIRED,
UNTIL THE CONTRARY IS PROVED.

1. In good faith, the possessor is not aware that there is in his title or
mode of acquisition a flaw that invalidates it (Art. 526)

Requisites:

a. Ostensible title or mode of acquisition;

b. Vice or defect in the title which invalidates it; and

 It is essential that such flaw or defect in the title must be such

that it will have the effect of invalidating the title.

c. Possessor is ignorant of the vice or defect and must have an honest

belief that the thing belongs to him.

2. In bad faith – possessor is aware of the invalidating flaw on his own

title

Only personal knowledge of the flaw in one’s title or more of acquisition

can make him a possessor in bad faith. It is not transmissible even to an
heir.

Possession in good faith ceases from the moment the defects in his title
are made known to the possessor.

The distinction between possession in GF and possession in BF is of

importance principally in connection with the receipt of the fruits and the
payment of expenses and improvements under Arts. 544-553; and the
acquisition of ownership by prescription under Art. 1127. However, such
distinction is immaterial in the exercise of the right to recover under
Art. 539 which speaks of every possessor.

Mistake upon a doubtful or difficult question of law, which may be the

basis of good faith under Art. 526, refers to honest error in the
application of the law or interpretation of doubtful or conflicting legal
provisions or doctrines, BUT is different from “ignorance of the law,” as
when a person acquired property by a deed which is absolutely void
because it is in violation of prohibitory laws.
 Bad faith is personal. Just because a person is in bad faith does not mean
that his successors-in-interest are also in bad faith.

A lessee who continues to stay on the premises after the expiration of

the lease contract is deemed a usurper; as such he has become a
possessor in bad faith.

In the absence of other facts showing the possessors knowledge, good

faith is interrupted from the receipt of judicial summons.

If cannot be determined, then at the time of filing an answer.

Instances where the possessor is considered in bad faith:

1. Where the possessor of the land acquired the same from a person other
than the registered owner because he was charged with notice of
existence of the owner’s certificate of title.
2. Where the possessor of the land knows that she has no title thereto,
because she thought the house erected thereon from one whom she knew
was merely a tenant on the land.

Extent of Possession

1. Actual Possession – occupancy in fact of the whole or at least

substantially the whole property.
2. Constructive possession – occupancy of part, in the name of the whole,
under such circumstances that the law extends the occupancy to the
possession of the whole

Doctrine of Constructive Possession – possession in the eyes of the law

does not mean that a man has to have his feet on every square meter of
ground before it can be said that he is in possession.

It is essential that the property be not in the adverse possession of another.

Presumption of Good Faith (Article 527)

 Good faith is always presumed, and upon him who alleges bad faith on the
part of the possessor rests the burden of proof.
 Under Art. 433, actual possession under claim of ownership is viewed as
that of presumed ownership.
  The presumption in favor of good faith continues to subsist until facts
exist which show that the possessor is already aware that he wrongfully
or improperly possesses the thing.

Presumption in Favor of the Possessor

1. Of good faith (Art. 527);

2. Of continuity of initial good faith (Art. 528);
3. Of enjoyment in the same character in which possession was acquired
until the contrary is proved (Art. 529);
4. Of non-interruption in favor of the present possessor (Art. 554) and of
hereditary property (Art. 533);
5. Of continuous possession by the one who recovers possession of which he
was wrongfully deprived (Art. 561);
6. Of extension of possession of real property to all movables contained
therein (Art. 542);
7. Of just title (Art. 541);
8. Of continuity of possession of property unjustly lost but legally
recovered (Art. 561)
9. Of possession during intervening period (Art. 1138); and
10. Of exclusive possession of common property by each one of the
participants of their allotted share upon division.

OBJECT OF POSSESSION

ART. 530. ONLY THINGS AND RIGHTS WHICH ARE SUSCEPTIBLE OF

BEING APPROPRIATED MAY BE THE OBJECT OF POSSESSION.

General Rule: All things and rights susceptible of being appropriated

Exceptions:

1. Property of public dominion;

2. Res communes – things which, because of their distance, their depth or
their immensity are not capable of human control, such as the sun, the
stars and the ocean;
3. Forces of nature in their diffused state unless they are brought under
human control through the help of science;
4. Discontinuous servitudes;
5. Non-apparent servitudes; and
6. Things specifically prohibited by law
 CHAPTER 2: ACQUISITION OF POSSESSION

ART. 531. POSSESSION IS ACQUIRED BY THE MATERIAL OCCUPATION

OF A THING OR THE EXERCISE OF A RIGHT, OR BY THE FACT THAT
IT IS SUBJECT TO THE ACTION OF OUR WILL, OR BY THE PROPER
ACTS AND LEGAL FORMALITIES ESTABLISHED FRO ACQUIRING SUCH
RIGHT.

ART. 532. POSSESSION MAY BE ACQUIRED BY THE SAME PERSON

WHO I TO ENJOY IT, BY HIS LEGAL REPRESENTATIVE, BY HIS
AGENT, OR BY ANY PERSON WITHOU 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.

Modes of Acquiring Possession

1. By material occupation of a thing or the exercise of a right;

2. By subjecting the thing or right to the action of our will; and
3. By the proper acts and legal formalities established for the acquisition of
such right.

Requisites for Acquisition of Possession

1. Corpus or thing physically detained – material holding of the thing or the

exercise of the right which may be acquired through any of the modes
mentioned in Arts. 531 and 532;
2. Animus possidendi - intent to possess the thing or right

Modes

1. Material Occupation – this mode applies only to corporeal objects and

does not apply to acquisition of possession over a right.
2.

Two Forms of Constructive Delivery

1. Tradicion brevi manu – when the grantee is already in possession of the

thing under a title which is not of ownership, such as when the lessee
purchases from the lessor the object of the lease
 2. Tradicion constitutum possessorium – by the grantor pointing out to the
grantee the thing which is delivered which at the time must be within
sight

Extent of Possession

1. Actual Possession – occupancy in fact of the whole or at least

substantially the whole property.
2. Constructive possession – occupancy of part, in the name of the whole,
under such circumstances that the law extends the occupancy to the
possession of the whole

RULES IN THE ACQUISITION OF POSSESSION

POSSESSION MAY BE ACQUIRED REQUISITES

1. Personally, or by the same a. Intent to possess;

person who is to enjoy it; b. Capacity to Possess;
c. Object must be capable of
being possessed.

2. Through an authorized person a. Intent to possess for principal;

or by his legal representative b. Authority or capacity to
or agent; possess; and
c. Principal has intent and
capacity to possess

3. Through an unauthorized a. Intent to possess for another—

person or by any persons principal;
without any power or authority b. Capacity of principal to possess
whatever. and
c. Ratification by the principal

Note: In No. 3, 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 the porper case.

Doctrine of Constructive Possession – possession in the eyes of the law

does not mean that a man has to have his feet on every square meter of
ground before it can be said that he is in possession.
 It is essential that the property be not in the adverse possession of another.

Requisites:

1. The alleged possessor must be in actual possession of a portion or part of

the property;
2. He is claiming ownership of the whole area;
3. The remainder of the area must not be in the adverse possession of
another person; and
4. The area claimed must be reasonable

Article 531 v. Article 712

ARTICLE 531 ARTICLE 712

1. Occupation = used in its 1. Used in juridical and technical

ordinary grammatical form meaning

2. Mode of acquiring possession 2. Mode of acquiring ownership

3. Occupation must be coupled 3. What is required is intent to

with intent to possess; own or appropriate

4. Occupation as a mode of 4. Occupation can take place only

acquiring possession applies with respect to property
whether the property is with without an owner
an owner or without an owner

5. Occupation as a mode of 5. It cannot have as its object a

acquiring possession can have parcel of land
as its object a parcel of land;

2.Subjection to Action of Will

 Does not involve any material apprehension

 It connotes a degree of connotes a degree of control over the thing
sufficient to subject the same to the action of one’s will. What is
 important in this mode is the intention to possess manifested by certain
facts which are present.

Two forms of constructive delivery

1. Tradicion Simbolica – takes place through delivery of symbols or some

object which represent those to be delivered, thus placing the thing
under the control of the transferee.
2. Tradicion longa manu – is effected by the transferor pointing out to the
transferee the things which are being transferred.

3. Proper Acts and Legal Formalities

 Refers to any juridical act by which possession is acquired or to which the

law gives the force of acts of possession (ex. Donations, succession,
execution and registration of public instruments, and the inscription of
possessory information titles)
 Reason: Possession in the eyes of the law does not mean that a man has
to have his feet on every square meter of ground before it can be said
that he is in possession. It is sufficient that he is able to subject the
property to the action of his will
4. Acquisition of Possession Over Rights

Modes:

1. By exercise of such right;

2. By subjecting it to the action of our will; and
3. By proper acts and legal formalities

By Whom Possession Acquired

1. By the owner;
2. By the holder, either personally by the person who is to enjoy it or
through his agent or legal representative
3. By any person, for and on behalf of the person who is to enjoy it, even in
the absence of any authority from the latter

“Agent” – someone who has been authorized to acquire possession by the person
who is to enjoy it. He is acquiring possession for his principal.

Capacity to Possess
ART 535. MINORS AND INCAPACITATED PERSONS MAY ACQUIRE THE
POSSESSION OF THINGS; BUT THEY NEED THE ASSISTANCE OF
THEIR LEGAL REPRESENTATIVES IN ORDER TO EXERCISE THE RIGHTS
WHICH FROM THE POSSESSION ARISE IN THEIR FAVOR.

 Applicable only to acquisition of possession by minors and incapacitated

person over things but not over rights.
 Capacity to act is necessary for the acquisition of possession.

Acquisition by Succession (Mortis Causa)

ART. 533. THE POSSESSION OF HEREDITARY PROPERTY IS DEEMED

TRANSMITTED TO THE HEIR WITHOUT INTERRUPTION AND FROM
THE MOMENT OF THE DEATH OF THE DECEDNT, IN CASE THE
INHERITANCE IS ACCEPTED.

ON WHO VALIDLY RENOUNCES AN INHERITANCE IS DEEMED

NEVER TO HAVE POSSESSED THE SAME.

ART. 534. ON WHO SUCCEEDS BY HEREDITARY TITLES SHALL NOT

SUFFER THE CONSEQUENCES OF THE WRONGFUL POSSESSION OF
THE DECEDENT, IF IT IS NOT SHOWN THAT HE WAS AWARE OF THE
FLAWS AFFECTING IT; BUT THE EFFECTS OF POSSESSION IN GOOD
FAITH SHALL NOT BENEFIT HIM EXCEPT FROM THE DATE OF DEATH
OF THE DECEDENT

Acquisition by Succession (Mortis Causa)

1. Time of Acquisition – if the inheritance is accepted, the estate is

transmitted without interruption from the death of the predecessor. But
the heir who repudiates is deemed never to have acquired possession.

Note: An heir can sell whatever right, interest or participation he may have
un the property under administration, subject to the result of administration

From the moment of death of the decedent, each of his heirs becomes the
undivided owner of the whole estate left with respect to that portion which
might be adjudicated to him.

2. If the inheritance is validly renounces, the heir is deemed never to have

possessed the same.
3. Effect of bd faith of the decedent – one who succeeds by hereditary
title shall NOT suffer the consequences of the wrongful possession of
 the decedent unless it is shown that he has knowledge of the defects
affecting it; but the effects of possession in good faith shall not benefit
him except from the death of the decedent.
Reason: Bad faith is personal and intransmissible

Acquisition by Minors and Incapacitated Persons

ART 535. MINORS AND INCAPACITATED PERSONS MAY ACQUIRE THE

POSSESSION OF THINGS; BUT THEY NEED THE ASSISTANCE OF
THEIR LEGAL REPRESENTATIVES IN ORDER TO EXERCISE THE RIGHTS
WHICH FROM THE POSSESSION ARISE IN THEIR FAVOR.

General Rule – acquisition of possession by the action of our will and by proper
acts and legal formalities are not applicable to incapacitated persons subject to
the laws on succession and donation

Exception – Minors and incapacitated persons may acquire the physical

possession of corporeal properties, BUT they need the assistance of the legal
representatives in order to exercise the rights which from the possession arise
in their favor.

Note: minors and incapacitated persons may acquire property or rights by

prescription, either personally or thru their parents, guardians or legal
representatives

Instances Where Possession is Not Acquired

ART. 536. IN NO CASE MAY POSSESSION BE ACQUIRED THROUGH

FORCE OR INTIMIDATION AS LONG AS THERE IS A POSSESSOR WHO
OBJECTS THERETO. HE WHO BELIEVES THAT HE HAS AN ACTION OR
A RIGHT TO DEPRIVE ANOTHER OF THE HOLDING OF A THING, MUST
INVOKE THE AID OF THE COMPETENT COURT, IF THE HOLDER
SHOULD REFUSE TO DELIVER THE THING

ART. 537. ACTS MERELY TOLERATED, AND THOSE EXECUTED

CLANDESTINEL AND WITHOUT THE KNOWLEDGE OF THE POSSESSOR
OF A THING, OR BY VIOLENCE, DO NOT AFFECT POSSESSION

1. Through force or intimidation, and as long as there is a possessor

who objects thereto

Note: For all intents and purposes, a legal possessor, even if physically
ousted, is still deemed the legal possessor
 2. Through mere tolerance
 Acts merely tolerated are those which by reason of neighborliness or
familiarity, the owner of property, allows his neighbor or another person
to do on the property.

Note: It is difficult to draw a dividing line between tolerance of the owner and
abandonment of his rights when the acts of the possessor are repeated,
especially when the lapse of time has consolidated and affirmed a relation the
legality of the origin of which can be doubted. When there is license or
permission, the proof is easy. It is for the court to decide in each case whether
there exists mere tolerance or an abandonment of rights on the part of the
owner

Silence or inaction is negligence, not tolerance. But where a person occupies

another land with the latter permission (tolerance), the occupier, no matter how
long he may remain, can never acquire ownership, because he never had
possession.

Possession by mere tolerance is not adverse. Thus, it does not start the running
of the period of acquisitive prescription.

3. Through clandestine efforts, secret possession, and without

knowledge of the possessor of a thing

Requisites:

1. The acts are not public; and

2. It must be unknown to the possessor or owner

Note: A person who believes himself entitled to the possession of property may
not take the law into his hands or else he will be made suffer the consequences
of his lawlessness. For this reason, Article 536 mandates that he must invoke
the aid of the competent court, if the holder should refuse to deliver the
thing.