De La Salle University – College of Law

Property Possession Charts (revised April 2008)

Atty. Francis Joseph H. Ampil
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I. Rules on Fruits:

Kinds of Fruits Possessor in Good Faith Possessor in Bad Faith

1. Civil 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)
fruits 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 (iii)
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).
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II. Rules on Expenses and Deterioration/Loss:

Expenses Possessor in Good Faith Possessor in Bad Faith

1. Necessary Expenses Entitled to reimbursement. Entitled to reimbursement.

Right of retention pending No right of retention; must

full reimbursement. 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: No rights.

Option 1: Reimbursement
of either (i) amount spent or
(ii) 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.

3. Luxurious Expenses Owner has 2 options: Owner has 2 options:

Option 1: To allow Option 1: To allow

possessor to remove possessor to remove
ornaments if the principal ornaments if the principal
suffers no injury. suffers no injury.

Option 2: To retain the Option 2: To retain the

ornament by refunding the ornament by refunding the
amount spent for the value of the ornament at the
ornament. time owner enters into
possession (which means
depreciated value).

4. Deterioration/Loss No liability unless due to Always liable whether

fraudulent intent or before or after service of
negligence after service of judicial summons, for any
judicial summons. cause, even fortuitous
event.