POSSESSION holding of a thing or the enjoyment of a right, whether by material occupation or by the fact that the thing or the right is subjected to the action of our will. It is a real right independent of and apart from ownership

Viewpoints:Right TO possession jus possidendi; a right or incident of ownershipRight OF possession jus possessionis; an independent right of itself, independent of ownership

Essential requisites of possession:a. Holding or control of a thing or rightb. Intention to possess

Degrees of holding possession:a. Mere holding or possession without title whatsoever and in violation of the right of the ownerb. Possession with juridical title but not that of ownershipEx. tenant, depository, agent, bailee, trustee, lessee, antichretic creditor Will never ripen into full ownership so long as there is no repudiation of concept under which property is heldc. Possession with just title or title sufficient to transfer ownership, but not from the true owner May ripen into full ownership by lapse of time through acquisitive prescriptiond. Possession with just title from the true owner

Cases of possession:a. Possession by ones self or possession exercised in ones own name, possession in the name of anotherArt. 524. Possession may be exercised in ones own name or in that of another.

b. Possession in the concept of an owner and possession in the concept of a holder and ownership belonging to anotherArt. 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.

c. Possession in good faith/bad faithArt. 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.

Effect of possession by possession in the concept of owner:1. Possession with lapse of time may be converted into ownership; subject to certain exceptions2. Presumption of just title and cannot be obliged to show/prove itArt. 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it.Requirements to raise disputable presumption of ownership:a) One must be in possessionb) In the concept of owner

Kinds of Titles:(a) True and Valid Title (Titulo Verdadero y Valido) sufficient by itself to transfer ownership without the necessity of letting the prescriptive period lapse(b) Colourable Title(Titulo Colorado) - although there was a mode of transferring ownership, still something is wrong, because grantor is not the owner; what is meant by just title in the law of prescription(c) Putative Title (Titulo Putativo) although a person believes himself to be the owner, he nonetheless is not, because there was no mode of acquiring ownership

Exception:Art. 1131. For the purposes of prescription, just title must be proved; it is never presumed.3. Possessor may bring all actions necessary to protect his possession except accion reivindicatoria4. May employ self-help under Art. 429:The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. for this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.5. Possessor may ask for inscription of such real right of possession in the registry of property6. Has right to the fruits and reimbursement for expenses7. Upon recovery of possession which he has been unlawfully deprived may demand fruits and damages8. Generally he can do on the things possessed everything that the law authorizes an owner to do until he is ousted by one who has a better right

Presumption in favor of the possessor:a. Good faith until the contrary is provedArt. 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof.

b. Continuity of initial good faith in which possession was commencedQualification of rule:Art. 528. Possession acquired in good faith does not lose this 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.

c. Of enjoyment of possession in the same character in which possession was acquired until contrary is provedArt. 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved.

d. Of non-interruption of possession in favor of present possessor who proves possession at a previous time until the contrary is provedArt. 554. A present possessor who shows his possession at some previous time, is presumed to have held possession also during the intermediate period, in the absence of proof to the contrary.Article 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. Article 1121. Possession is naturally interrupted when through any cause it should cease for more than one year. The old possession is not revived if a new possession should be exercised by the same adverse claimant. Article 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. Article 1123. Civil interruption is produced by judicial summons to the possessor. Article 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption: (1) If it should be void for lack of legal solemnities; (2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse; (3) If the possessor should be absolved from the complaint. In all these cases, the period of the interruption shall be counted for the prescription.

e. Of continuous possession or non-interruption of possession of which he was wrongfully deprived, for all purposes favourable to himArt. 561. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption.

f. Other presumptions with respect to specific properties or property rights:i. Of extension of possession of real property to all movables contained therein so long as it is not shown that they should be excluded; exceptions Article 426. Whenever by provision of the law, or an individual declaration, the expression "immovable things or property," or "movable things or property," is used, it shall be deemed to include, respectively, the things enumerated in Chapter 1 and Chapter 2. Whenever the word "muebles," or "furniture," is used alone, it shall not be deemed to include money, credits, commercial securities, stocks and bonds, jewelry, scientific or artistic collections, books, medals, arms, clothing, horses or carriages and their accessories, grains, liquids and merchandise, or other things which do not have as their principal object the furnishing or ornamenting of a building, except where from the context of the law, or the individual declaration, the contrary clearly appears.ii. Non-interruption of possession of hereditary propertyArt. 533. 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.TACKING: Article 1138. In the computation of time necessary for prescription the following rules shall be observed: (1) The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest; (2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary; (3) The first day shall be excluded and the last day included.***Tacking is allowed only if there be privity of relationship between the predecessor and the successor, ex. succession, donation, sale, barter, etc. mere intruder or usurper cannot tack.iii. Possession of movable equivalent to titleArt. 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same.If the possessor of a movable lost or of which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor.

Summary of Recovery or Non-Recovery Principle:a. Owner may recover without reimbursement:1) From possessor in bad faith2) From possessor in good faith (if owner lost or was unlawfully deprived of property) acquisition from private personb. Owner may recover but should reimburse:1) If possessor acquired in good faith at public sale or auctionc. Owner cannot recover, even if he offers to reimburse:1) Possessor acquired in good faith by purchase from a merchants store, fairs, markets2) If owner is by his conduct precluded from denying the sellers authority to sell (estoppel)3) Possessor had obtained the goods because he was an innocent purchaser for value and holder of a negotiable document of title to the goods

iv. In favor of co-possessorArt. 543. 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. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. However, in case of civil interruption, the Rules of Court shall apply.

Art. 530. Only things and rights which are susceptible of being appropriated may be the object of possession.

What may not be possessed by private persons:1. Res communes things common to all2. Property of public dominion3. Discontinuous and/or non-apparent easements

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 for acquiring such right.

Ways of acquiring possession:1. Material occupation of the thing Doctrine of constructive possession includes constructive deliveryi. Traditio brevi manu when a person who possessed property not as an owner (ex.lessee), now possesses it as ownerii. Constitutum possessorium when a person who possessed property as an owner, now possesses it in some other capacity (ex. lessee/depositary)2. Subjection to our will includes:i. traditio longa manu by mere agreement, consent pointingii. traditio simbolica by delivery of keys3. by acts and legal formalities refers to the acquisition of possession by sufficient title, inter vivos or mortis causa, lucrative title, gratuitous or onerousex. donations, succession (testate/intestate), contracts, judicial writs of possession, writ of execution of judgments, execution and registration of public instruments

Essential requirements for possessiona. Corpus the thing physically detainedb. Animus intent to possess

Constructive possession of land:If an entire parcel is possessed under claim of ownership, there is constructive possession of the entire parcel, unless a portion thereof is adversely possessed by another. Area, however, must be within reasonable limits.

Art. 532. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without 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.

By whom may possession be acquired:1. by the same person; elements of personal acquisitiona. intent to possessb. capacity to possessc. object must be capable of being possessed2. by his legal representativesRequisites:a. intent to possess for principalb. authority or capacity to possessc. principal has intent and capacity to possess3. by his agent4. by any person without any power whatsoever but subject to ratification, without prejudice to proper case of negotiorum gestioRequisites:a. intent to possess for anotherb. capacity of principal to possessc. ratification by principalArticle 2144. 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. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned; (2) If in fact the manager has been tacitly authorized by the owner.In the first case, the provisions of articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall govern. In the second case, the rules on agency in Title X of this Book shall be applicable.Article 2149. The ratification of the management by the owner of the business produces the effects of an express agency, even if the business may not have been successful. Article 2150. Although the officious management may not have been expressly ratified, the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest, and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss, although no benefit may have been derived.5. Qualifiedly minor and incapacitated personsArt. 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.

Art. 537. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession.

Clandestine possession secret possession, or possession by stealth, unknown to owner

Article 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession.

What do not affect possession:1. Acts merely tolerated2. Acts executed clandestinely and without the knowledge of the possessor3. Acts by violenceArt. 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.

Force may be:1. Actual or merely threatened2. Done by possessor or his agent3. Done against owner or against any other possessor, or representative4. Done to outs possessor; or to prevent his getting back to the premises

Meaning of acts.. do not affect possession: Intruder does not acquire any right to possession Legal possessor, even if physically ousted, is still the possessora. Still entitled to benefits of prescriptionb. Still entitled to fruitsc. Still entitled as possessor for all purposes favourable to his possession Intruder cannot acquire the property by prescription

Rules to solve conflict of possession:

Art. 538. Possession as a fact cannot be recognized at the same time in two different personalities except in the case of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings.

General Rule:Possession cannot be recognized in two different personalities, except in case of co-possession by co-possessors without conflicting claims or interest

In case of conflict, preference is given to1. Present possessor or actual possessor2. If there be 2 or more possessors, the one longer in possession3. If dates of possession are the same, the one who presents a title4. If all conditions are equal, the thing shall be placed in judicial deposit pending determination of possession or ownership through proper proceedings

Judicial deposit / sequestration takes place when an attachment or seizure of property in litigation is ordered

Preference of ownership:a. Movable property given to the person who first possessed in good faithb. Immovable property 1) To the first who registered his right in good faith in the Registry of Property2) If no registration, to the one who first possessed in good faith3) If no possession, to the one who presents the oldest title, provided it was acquired in good faith

Art. 539. Every possessor has a right to be respected in his possession; and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court.A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within 30days from the filing thereof.

Effects of possession:a. In general, every possessor has a right to be respected in his possession1. In case he should be disturbed he shall be protected in and restored to said possession Actions to recover possessioni. Summary proceedings. Forcible entry and unlawful detainer, writ of preliminary mandatory injunction in forcible entry cases within 15(10days in the book)days from filing of complaint The same writ is available in unlawful detainer actions upon appealArticle 1674. In ejectment cases where an appeal is taken the remedy granted in article 539, second paragraph, shall also apply, if the higher court is satisfied that the lessee's appeal is frivolous or dilatory, or that the lessor's appeal is prima facie meritorious. The period of ten days referred to in said article shall be counted from the time the appeal is perfected.

ii. Action publiciana (based on superior right of possession, not ownership)iii. Accion reivindicatoria (recovery of ownership)iv. Action for replevin (of movable property)Rules of Court, Rule 60, Section 1. Application. A party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter provided.

Reasons for requiring legal means:a) To prevent spoliation or a disregard of public orderb) To prevent deprivation of property without due process of lawc) To prevent a person from taking the law into his own hands

2. A possessor can employ self helpArticle 429. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

Loss of possession:Art. 555. A possessor may lose his possession:(1) By the abandonment of the thing;(2) By an assignment made to another either by onerous or gratuitous title;(3) By the destruction or total loss of the thing, or because it goes out of commerce;(4) By the possession of another, subject to the provisions of Art. 537 if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years.

Ways of losing possession:1. Thru possessors voluntary will and intenta. Abandonment voluntary renunciation of a thingRequisites:(1) Abandoner must have been a possessor in the concept of owner(2) Must have the capacity to renounce or alienate (3) Physical relinquishment of thing/object(4) No more spes recuperandi (expectation to recover) and no more animus revertendi (intent to return or get back)b. Assignment complete transmission of ownership rights to another person2. Against possessors willa. Possession of another for more than one yearb. Final judgment in favor of another with a better rightc. Expropriationd. Prescription in favor of anothere. Recovery or reivindication by the legitimate owner or possessor3. Because of the objecta. Destruction or total lossb. Going out of commercec. Escaping from possessors control of wild animals

Art. 556. The possession of movables is not deemed lost so long as they remain under the control of the possessor, even though for the time being he may not know their whereabouts.Art. 557. The possession of immovables and of real rights is not deemed lost, or transferred for purposes of prescription to the prejudice of third persons, except in accordance with the provisions of the Mortgage Law and the Land Registration Laws.