DOMESTICATED and TAMED ANIMALS

- Wild animals which have become tame and now generally submit to man’s control

ACQUIRED IN “GOOD FAITH”

- The possessor is of the “belief that the person from whom he received the thing was its
owner and could transfer valid title thereto”

TITLE

- The juridical act transferring or conferring ownership and not a document

LOST

- Missed or misplaced

UNLAWFULLY DEPRIVED

- Taken by another thru a crime such as theft, robbery, estafa

PARTIAL LOSS

- when a thing in general results only in the loss of possession of the part lost

ASSIGNMENT

- the complete transmission of ownership rights to another person, onerously or

gratuitously
- both possession de facto and de jure are lost, and no action will allow recovery

ONEROUS

- when a thing is sold and delivered

GRATUITOUS

- a donation

ABANDONMENT

- the voluntary renunciation of a thing

EVERY POSSESSOR

- one in good faith or bad faith, in concept of owner or in the concept of holder, in one’s
own name or in that of another, and not to the owner or the person adjudged by the court
to be lawfully entitled to possess
LITIGATION

- a court action

ORNAMENTAL EXPENSES

- those which add value to the thing only for certain determinate persons in view of their
particular whims.
- Neither essential for preservation nor useful to everybody in general.

DAMAGE

- a substantial one that reduces the value of the property

LUXURIES

- only certain or definite possessors would benefit

USEFUL EXPENSES

- in general, every possessor gains

RIGHT TO REIMBURSEMENT

- Useful expenses shall be refunded only to the possessor in good faith with the same right
of retention, the person who has defeated him in the possession having the option of
refunding the amount of the expenses or of paying the increase in value which the thing
may have acquired by reason thereof (Art. 546 (2)).

RIGHT OF RETENTION

- Necessary expenses shall be refunded to every possessor; but only the possessor in good
faith may retain the thing until he has been reimbursed thereof (Art. 546(1)).

RIGHT OF REMOVAL

- If the useful improvements can be removed without damage to the principal thing, the
possessor in good faith may remove them

USEFUL EXPENSES

- those that add value to the property or increase the object’s productivity
- useful for the satisfaction of spiritual and religious yearnings
- give rise to all kinds of fruits

REPAIR
 - implies the putting back into the condition in which it was originally, and not an
improvement in the condition thereof by adding something new thereto

NECESSARY EXPENSES

- those without which the thing would physically deteriorate or be lost

- those made for the preservation of the thing
- Gastos Necesarios
- includes urgent repairs/ reparacion urgentisima

ORDINARY REPAIRS

- required by the wear and tear due to the natural use of the thing, and are indispensable for
its preservation
- does not increase the thing’s value but merely prevent the things from becoming useless

EFFECT OF UNFORTUNATE ILLNESS

- will prevent the possessor from continuing the cultivation

CHARGES

- those incurred because of the land and the fruits, like taxes or interest on mortgages

LEGAL INTERRUPTION

- happens when a complaint is filed against him and he receives the proper judicial
summons

FRUITS

- natural, industrial, and civil fruits

CIVIL INTERRUPTION

- produced by judicial summons to the possessor

PUTATIVE TITLE

- titulo putativo
- that title where although a person believes himself to be the owner, he nonetheless is not,
because there was no mode of acquiring ownership

ORDINARY PRESCRIPTION

- prescribes in 10 years
- needs good faith and just title
EXTRAORDINARY PRESCRIPTION

- prescribes in 30 years
- does not need either good faith or just title

COLORABLE TITLE

- titulo colorado
- aka just title
- that title where, although there was a mode of transferring ownership, still something is
wrong, because the grantor is not the owner

TRUE AND VALID TITLE

- Titulo verdadero y valido

- There was a mode of transferring ownership and the grantor was the owner
- A title by which itself is sufficient to transfer ownership without the necessity of letting
the prescriptive period elapse

SHOW

- Document

PROVE

- Right

PRELIMINAY MANDATORY INJUNCTION

- a provisional remedy to which parties may resort “for the preservation or protection of
their rights or interests, and for no other purpose, during the pendency of the principal
action.”
- Cannot be granted without a notice and a hearing where the adverse party can be held
- Cannot substitute for the other actions to recover possession because in the meantime, the
possessor has in his favor, the presumption of rightful possession, at least, till the case is
finally decided.
- Except if in a case of usurpation
- Not the proper remedy to recover possession when there are conflicting claims of
ownership

EVERY POSSESSOR

- Indicates that all kinds of possession, from that of the owner to that of a mere holder,
except that which constitutes a crime

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

 - Inapplicable to a party who claims the disputed land as his own private property

LIEN

- Signifies a security for a claim

POSSESSION BY FORCE OR VIOLENCE

- The act of entering into the premises and excluding the lawful possessor therefrom
necessarily implies the exertion of force over the property
- May be proved expressly or by implication

CLANDESTINE POSSESSION

- Secret possession or possession by stealth

- Must also be uknown to the owner to affect the owner’s possession
- Hidden or disguised possession and may be with or without the owner’s knowledge

POSSESSION BY A SQUATTER

- A squatter’s possession when there is no violence is by mere tolerance

TOLERANCE

- Permission

SUCCESSION MORTIS CAUSA

- In contemplation of approaching death

NEGOTIORUM GESTIO

- Whoever voluntarily takes charge of the agency or management of the business or

property of another without any power from the latter, is obliged to continue the same
until the termination of the affair and its incidents, or to require the person concerned to
substitute him, if the owner is in a position to do so

CORPUS

- The thing physically detained

ANIMUS

- Intent to possess whether evidenced expressly or impliedly

TRADITIO LONGA MANU

- Delivery by the long hand, by consent, mere pointing or mere agreement

TRADITIO BREVI MANU

- The opposite of constitutum possessorium

- Exists when a person who possessed property not as an owner (like a lessee), now
possesses it as owner

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

TRADITIO SIMBOLICA

- Deliver y of keys

DETENTION

- By material occupation of a thing

QUASI-POSSESSION

- Exercise of a right

RES NULLIUS

- Abandoned or ownerless property

- May be possessed but cannot be acquired by prescription
- May be acquired by occupation

RES COMMUNES

- A thing that belongs to everyone

PROPERTY

- Those things and rights which are susceptible of being appropriated

- May only be the object of possession

GOOD FAITH

- Good faith is always presumed

CONTINUITY OF CHARACTER OF POSSESSION

- Whether in good faith or bad faith, it is presumed that possession continues to be enjoyed
in the same character in which it was acquired, until the contrary is proved
NON-INTERRUPTION OF POSSESSION

- The possession of hereditary property is deemed transmitted to the heir without

interruption, and from the moment of the death of the decedent, in case the inheritance is
accepted. One who validly renounces an inheritance is deemed never to have possessed
the same.

PRESUMPTION OF JUST TITLE

- A possessor in the concept of owner has in his favor the legal presumption that he
possesses with just title, and he cannot be obliged to show or prove it

NON-INTERRUPTION OF POSSESSION OF PROPERTY UNJUSTLY LOST BUT

LEGALLY RECOVERED

- One who recovers, according to law, possession injustly lost, shall be deemed for all
purposes which may redound to his benefit, to have enjoyed it without interruption

POSSESSION DURING INTERVENING PERIOD

- It is presumed, that the present possessor who was also the possessor at previous time,
has continued to be in possession during the intervening time, unless there is proof to the
contrary

POSSESSION OF MOVABLES WITH REAL PROPERTY

- The possession of real property presumes that of the movables therein, so long as it is not
shown or proved that they should be excluded

EXCLUSIVE POSSESSION OF COMMON PROPERTY

- Each one of the participants of a thing possessed in common shall be deemed to have
exclusively possessed the part which may be allotted to him upon the division thereof, for
the entire period during which the co-possession lasted

POSSESSOR IN BAD FAITH

- A possessor who is aware that there exists in his title or mode of acquisition a flaw which
invalidates it

BAD FAITH

- Malice
- ImpIles a conscious and intentional design to do a wrongful act for a dishonest purpose or
moral obliquity
- Contemplates a state of mind affirmatively operating with fugitive design or ill-will
 - Breach of a known duty thru some motive
- One who is not in good faith

POSSESSOR IN GOOD FAITH

- One who is not aware that there exists in his title or mode of acquisition any flaw which
invalidates it

LEASE RIGHT

- The right to lease

CONCEPT OF HOLDER

- Recognizes another to be the owner

CONCEPT OF OWNER

- Other people believe thru their actions that that person is the owner of the property,
regardless of good faith or bad faith
- One who claims to be and acts as if he is the owner and thus recognizes no title of
ownership in another, with respect to the property involved
- Aka adverse possession/en concepto de dueno
- Possession that may ripen into ownership

VOLUNTARY

- When an agent possesses for the principal (by virtue of agreement)

NECESSARY

- When a mother possesses for a child still in the maternal womb

UNAUTHORIZED

- Will become the principal’s possession only after there has been a ratification without
prejudice to the effects of negotiorum gestio

POSSESSION

- The holding of a thing or the enjoyment of a right

OWNERSHIP

- Exists when a thing pertaining to one person is completely subjected to his will in a
manner not prohibited by law and inconsistent with the rights of others

CONSTRUCTIVE POSSESSION
 - If a person assumes control over a big tract of land although he actually possesses only
one-fourth of it,
- It is essential that the property be not in the adverse possession of another

OWNERSHIP

- Possession with a title of dominium

- With a just title from the owner

REAL POSSESSORY RIGHT

- Possession with a just title but not from the true owner

JURIDICAL POSSESSION

- Possession with a juridical title

RIGHT OF POSSESSION

- Jus possessionis
- An independent right of itself, independent of ownership

RIGHT TO POSSESSION

- Jus possidendi
- A right or incident of ownership

POSSESSION PROPER

- The holding or control of a thing

POS SEDERE

- To be settled/posse