CHAPTER 1 POSSESSION AND THE KINDS THEREOF

 Art 523
o Concept of possession
o Ownership and possession distinguished
o Elements of possession
 Holding or control
 Intention to possess
 In one’s own right
o Relations created by possession
 Possessor’s relation to property
 Possessor’s relation to the world
o Forms or degrees of possession
 W/o any title
 w/ juridical tie
 w/ a just title
 w/ a title in fee simple
o Possession as a fact
o Classes of possession
 524 – in one’s own name / in the name of another
 525 – in the concept of owner / in concept of holder
 526 – in good faith / in bad faith
o Extent of possession
 Actual
 Constructive
 Doctrine of constructive possession
 Article 524
o Name under w/c possession may be exercised
 In own name
 Name of another
 Voluntary / necessary
 Physical / juridical
 Article 525
o Concept in w/c possession may be had
 Possession in the concept of owner
 Possession in the concept of holder
o Possession in the concept of BOTH or NEITHER
 Article 526
o Possessor in good faith and bad faith defined
 Good faith – not aware of any flaw which invalidates it
o Possession in good or bad faith
 Distinction importance
 Receipt of fruits and payment of expenses and improvements
 Acquisition of ownership by prescription
 When distinction material – immaterial in exercise of right to recover
 Where possession in name of another – will benefit or prejudice him
o Requisites for possession in good or bad faith
 Possessor has title or mode of acquisition
  Flaw or defect in the title
 Possessor is either aware or unaware of the defect
o Concept of good faith
 A question of intention ascertained by outward acts
 Essence
o Concept and instances of bad faith
o Mistake upon a doubtful or difficult question of law
o Ignorance of the law as a basis of good faith
 Article 527
o Presumption of good faith
 Burden of proof – he who alleges bad faith
 Instances of the presumption
 Article 528
o Cessation of good faith during possession
 Commencement of bad faith
 Interruption of good faith – receipt or service of judicial summons
 Article 529
o Continuity of the character of the possession
o Presumption on the continuance of possession
o Other presumptions:
 Uninterrupted possession of hereditary property -533
 Possession with just title - 541
 Possession of movables with real property - 542
 Exclusive possession of common property - 543
 Continuous possession - 554
 Uninterrupted possession - 561
 Possession during intervening period
 Article 530
o Object of Possession
 Susceptible of being appropriated
 Need not be susceptible of prescription

CHAPTER 2 ACQUISITION OF POSSESSION

 Article 531
o Ways of acquiring possession
 By material occupation or exercise of a right
 With respect to things
 With respect to rights – ex: quasi-tradicion, kind of constructive delivery
o By delivery either actual or constructive:
 Tradicion brevi manu – lessee who buys the leased prop
 Tradicion constitutum possessorium – owner continues
to be in possession in some other capacity
 By subjection of the thing or right to our will
 Right of possession, constructive delivery:
o Tradicion longa manu – points at prop
o Tradicion simbolica - key
  By proper acts and legal formalities established for acquiring such right of
possession
 Just title – ex: succession, donation, contract, public instrument, public
auction, writ of possession
 Article 532
o By whom possession acquired:
 Personally or by the same person who enjoys it
 Authorized person or legal rep or agent
 Unauthorized person
o Acquisition of possession through another
 Article 533
o Acquisition of possession through succession
 Article 534
o Effects of bad faith of decedent on heir – not deemed transmitted
 Article 535
o Acquisition and exercise of rights of possession by minors and incapacitated persons
 Without capacity
 Incorporeal things
 By material occupation
 Through legal rep
 Article 536
o Recourse to the courts
 Article 537
o Acts which do not give rise to possession (don’t affect)
 Force or intimidation
 Acts merely tolerated
 Acts executed clandestinely and without knowledge of the possessor
o Possessory actions involving public funds
 Article 538
o Possession as a fact at the same time in two different personality
o Preference of possession
1. Present or actual possessor
2. (Two professors, longer in professor)

CHAPTER 3 EFFECTS OF POSSESSION

 Article 539
o Rights of every possessor
 To be respected in his possession
 To be protected in or restored to said possession by legal means should be
disturbed
 The right to secure from a competent court in an action for forcible entry the
proper writ to restore him in his possession
o Reasons for protection
 Aid to criminal law
 Part of the law of tort
 Part of the law of property
o Remedies of person deprived of possession
 o Issuance of writ of preliminary mandatory injunction
o Prior peaceful possession of the plaintiff required in forcible entry action
o Conditions under which action for forcible entry will lie
 Article 540
o Possession as basis for acquiring ownership
o Tax declarations, assessment or payment of tax as indicia of ownership/possession
 Article 541
o Possessor in concept of owner presumed with just title
o Burden of proving – plaintiff who seeks recovery
o Different kinds of title
 Titulo verdadero y valido
 Titulo justo
 Colorable title or Titulo Colorado
 Putative title or titulo putative
 Article 542
o Possession of real property presumed to include movables
 Article 543
o Exclusive possession of previous co-owner deemed continuous
o Interruption in possession of the thing
 Natural – any cause, cease for more than 1 year
 Civil – produced by judicial summons to the possessor
 Article 544
o Right of possessor in good faith to fruit received
o When fruits considered received
 Natural/industrial – gathered or severed
 Civil – accrual (accrue daily)
 Article 545
o Proportionate division of fruits and expenses
 Sharing of expenses and charges
 Sharing of fruits
 Unjust enrichment may result
 Option of owner
 No fruits or fruits less than expenses
 Article 546
o General rule as to expenses
 In concept of owner - necessary, useful, luxurious expenses
 Possessor in good faith – right of reimbursement and retention
 Possessor in bad faith – refunded for necessary expenses and limited right of
removal; right of reimbursement WITHOUT right of retention

o Concept of necessary expenses

o Rights of possessor with respect to necessary expenses
Possessor in good faith Possessor in bad faith
Necessary expenses Right of reimbursement Right of reimbursement
necessary expenses and necessary expenses WITHOUT
retention until reimbursed right of retention until
Right of removal – necessary No right No right
Useful expenses Right of reimbursement and No right
retention
Right of removal – useful Yes, as long as the removal can No right
be done WITHOUT damage to
principal thing and that the
prevailing party does not
choose to keep and refund the
improvements
Expenses for luxury No right unless prevailing party No right unless prevailing party
reimbursement decides to keep it decides to keep it
*liable only from the time
owner enters into possession
Right of removal – useful a. without damage to principal a. without damage to principal
b. principal does not prefer to b. principal does not prefer to
refund the amount refund the amount
o Concept of useful expenses
o Rights of possessor with respect to useful expenses
 Article 547
o Removal of useful improvements – possessor in good faith
o Subject to two conditions:
 Removal can be done without damage/injury to principal thing
 The prevailing party does not choose to keep and refund the improvements
o Damage contemplated in case of removal
 Article 548
o Concept of expenses for pure luxury or mere pleasure
o Rights of possessor with respect to luxurious expenses
 Article 549
o Rights and liabilities of possessor in bad faith
 Fruits
 Not entitled to fruits
 No right to pending fruits
 Must reimburse value of the fruits which the legit possessor could have
received
 Necessary expenses
 Reimbursement only
 Useful expenses
 Not entitled to refund
 Forfeits improvements
 Luxurious expenses
 Not entitled to refund
 Charges
 Share them with owner or lawful possessor
 Deterioration or loss
 Always liable (negligent or not or fortuitous)
 Others
 Liable to owner reasonable rent
  Liable for damages
o Article 550
 Costs of litigation
o Article 551
 Improvements caused by nature or time – follow ownership of principal thing