Possession

Friday, 11 November 2022 5:04 pm

• Owners enjoy all attributes of

ownership and has full control of the
property
• Anyone may take possession of the
property which may be evidenced ina
form of a contract and gives the tenant
the right to possess
• NO NEED TO BE OWNER TO TAKE
POSSESSION (JUS POSIDENDI)

• IF you are the owner of the property, can you take

possession? What is your basis of ownership?
○ Not all the time as there are different forms of
possession where it gives different powers
○ JUS POSSESSIONIS
▪ Mere possession assuming that the possessor did
not gain status as owner of said property

• you may occupy the property and you don’t have the
intention to possess, that is not the essence of possession

• Possession without any title or right

○ The possessor and the public know that the possession is
wrongful wihtout knowledge and approval
○ NOT POSSESSION
▪ Since the 2 elements are present and wrongful from
the beginning, does not count as possession under
the law
▪ Grants no possessory right on the part of the
possessor
○ Public is essential element (neighbors)
• Possession with a juridical title but not in the concept of the
owner
○ Tenant stays in a condo but owned by another, what kind
of possession
○ Tenant knows the owner and recognizes the supriority of
the owner
○ Merely holding the property and holder knows and gives
authority to the said owner
• Possession with just title sufficient to transfer ownership but not
the true owner as that of a buyer in good faith
• Possession from the right of ownershgip with a just title from the
true owner
○ Jus Possidendi

• One's name
○ Need not be exercised in one's own name and it could be in
the name of another person
○ Arises from virtue of the agreement of the parties
▪ Behalf of a corp and someone else is occupying the
same
▪ 266 FC - on behalf of a minor or incapacitated person

• IF YOU ARE THE OWNER, then you are in complete

possession
• Under name of another, legal tie, mere representative

• He believes that he is merely possessing the prop because he

was merely allowed to stay on the property because he

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 • He believes that he is merely possessing the prop because he
was merely allowed to stay on the property because he
acknowledges the fact that there is a real owner
• He recognizes that he is not the owner of the prop
○ Allowed to stay temporarily
• He recognizes that the right is superior to the right
○ Usufruct, naked owner of the property with the
obligation to return the property
○ If you are in possession of prop under such concept,
will you become the owner of the property
▪ The law said that it will NOT ripen
□ Somebody owns the prop unless you
purchase the prop

• Through his own belief and perception of other, he has

superior right regardless if true or not
• Belief
○ Himself
○ Public
○ MUST BE A COMBO
• Public knows that property belongs to someone else, cannot
propser
• May be converted to prescription
• Lands with TCT cannot be applied to this concept
○ Cannot be subject to prescription

• When can you say someone is in GF?

○ Attachment of one's property
○ Lis pendens
○ A person can annotate lis pendens over ones property for
the protection of their right
▪ Cannot claim his possession is in good faith
• How can you prove is in BF?
○ The moment a demand letter to vacate the premises is
served, then GF turns into BF
○ Liens, Adverse claims, lis pendens
▪ Measures used by owner so possessor cannot claim
they are in good faith
▪ Serves as a notice to the whole world that someone is
claiming rights to the property
○ Once a complaint is initated in court and is filed, gives notice
to the possessor that the land is owned by another
• Belief is not enough, there must be backed up by a sale, donation,
or inheritance
○ Before purchase of land, annotation says that it was
included in a double sale, will it pause the registration?
▪ Can only annotate lis pendens and
▪ All actions affecting title to, ownership, are classified
as REAL RIGHTS
▪ RoD will only accept those if it is REAL RIGHTS
▪ Money = personal action
▪ NO
○ Occupy property, there must be basis
○ CLEAN TITLE
▪ Owner will try to sell and buyer will ask for title, seen
no annotation, how sure are you? Will you be
considered as a GF?
▪ ANNOTATION!!!!
▪ Duplicate of TCT, clean title from owner is not enough,
go to RoD if there are certain problems,
▪ Should be informed so that they can revoke
supposed clean title to give annotations to said title
▪ Annotated at 8am, got title from RoD
□ Must chec primary registry book in RoD, or else
BF

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 • GF always presumed UNLESS
○ Filing a complaint
○ Sending of a demand letter and actually received by possessor
• Up to the challenger to prove BF as
• ART 530 - what may be possessed
○ Things and rights which may be appropriated with possession
UNLESS
▪ Outside of commerce of man
▪ Public dominion

• Possession is not acquired through force

○ Once the possession exceeds 1 year, then they acquire the
right to possess the property
▪ UNLESS there
• Must go through judicial action to evict unlawfully enter the
property

• Tolerateed possesion
○ Doesn’t mean you'll have said right to possess the prop
• Possession by violence
○ tolerated

• Possessions cannot be recognized in two different personalities

a. Present or actual possessor?
i. If there are two or more, the one longer in possession
ii. Same dates, the one who presents a title
iii. Conditions are equal, court proceedings
• NA to co-possession as both rights are recognized

• Possessor in GF is entitled to fruits before possession is legally

interrupted

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 • Possessor in GF is entitled to fruits before possession is legally
interrupted
○ The moment the owner sends a demand letter, or filed
a complaint = INTERRUPTION
○ The law recognizes the principle of equity
• Legal interruption = GF -> BF
○ There is knowledge on the part of the possessor that his
possession has no legal basis
○ Hence there must be legal basis to back up and not just
belief

• Whent he owner takes possession and recovered by order of the court

○ Cost of suit -> possessor
▪ Because of possessor's BF
○ Improvements
▪ Given to the benefit of the owner
○ Damage or loss,
▪ GF
□ not liable
▪ BF
□ with fraud after receipt of summons
 The moment you received the legal interruption,
you intetnionally broke everything included in
said property
□ Even w fortuitous event

• Necessary expenses
○ Property may deteriorate if not spent on
○ Refundable to any possessor whether GF or BF
○ Only the one in GF retains the proprtyu until reimbursed (Right
of retention)
• Useful expense
○ Incurred to raises the productivity or improvement of utility of
the thing
○ INCREASES THE VALUE OF THE PROPERTY
○ GF may remove the thing, entitled to refund and retention
• Luxurious/ornamental expenses
○ For pure pleasure
○ Not reimburseable as it merely does not contribute anything but
accommodates the desire of the possessor
○ No refund, but the one in GF may remove if there is no damage

• Rights of possessors in BF (ART 546)

○ Reimbursement for necessary expenses
○ Reimbvursement made in the production, gathering,
and presevation of the fruits

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 • He possess a just title and needs to prove in court by preponderance of
ownership

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 • Filed in the RTC

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