VI. POSSE: SION A Definition and Concept (Art, $23) Possession is the 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. tis u real right independent of and apart from ownership ice. the right of possession (jus possession is as distinguished from the right to possess [just possidendi| |. Essential requisites of possessis a. Holding or control or control of a thing or right (corpus) consists of either i. The material or physical ii, Fxereise of a right ili, Constructive possession b. Intention to possess (animus possidendi) B. Degrees of holding or possession 1. Mere holding or possession without title whatsoever and in violation of the right of the owner, ¢.g. possession of a thief or a usurper of land. 2. Possession with juridical title but not that of ownership e.g. possession of tenant, depository agent, bailee, trustee, lessee, antichretic ereditor. This degree of possession will never ripen into full ownership as long as there is no repudiation of concept under which property is held. 3. Possession with just title or title sufficient to transfer ownership, but not from the true owner e.g. possession of a vendee from vendor who pretends to be the owner. ‘This degree of possession ripens into full ownership by lapse of time. 4. Possession with just title from the true owner. The delivery of possession lwansters ownership, and strictly speaking, is the jus possidendi.ion: Cases of pos |. Possession for oneself, or possession exercised in one’s own name and possession in the name of another ~ (Art. 524) 2, Possession in the concept of an owner and possession in the concept of a holder with the ownership belonging to another (Art. 525) 3. Possession in good faith aid possession in bad faith (Art, 526) Mistake upon a doubtful or difficult question of law as a basi faith, of good 1. ‘things or rights susceptible of appropriation may be the object of possession (Ant, 530) What may not be possessed by private persons a. Res communes b, Property of public dominion ©. Right under discontinuous and/or non-apparent easement F, Acquisition of Possession 1. Ways of acquiring possession (Ant, 531) &. Material occupation to the thing i Nhe doctrine of constructive possession ii, Includes constructive delivery; |. ‘Traditio brevi manu (thing already in transferee's hands, e.g, under a contract of lease, then delivered under a sale) Traditio constitutum possessorium (thing remains in trasferror’s hands, c.g. sale, then retained under a commodatum) b. Subjection to the action of our will Includes traditio longa manu and traditio symbolica ¢. Proper acts and legal formalities ~ refers to the acquisition of possession by sufficient tile, intervivos or mortis causa, lucrative or onerous. Example: donations, succession ( testate on intestate), contracts, judicial writs of possession, writ of” execution of judgments execution and registration of public instruments. 2. By whom may possession be acquired: (Art. 532)a, By same person; clements of personal acquisition b. By his legal representative; requisites ©. By his agent 4. By any person without any power whatsoever but subjeet to ratification, without prejudice to proper case of negotiorum gestio (Art, 2144), 4129, 2150) ©. Qualifiedly, minors and incapacitated persons (Art. 525) 3. What do not affect poss sion (Art. 537, 1119) a, Acts merely tolerated b, Acts executed clandestinely and without the knowledge of the possessor c. Acts by violence as long as possessor objects thereto (i.¢. he fil (Ant. 536) 4. Rules to solve conflict of possession (Art. 538) General Rule: Possession cannot be recognized in two different personalities, except in cases of co-possession by co-possessors without conflicting claims or interest. In case of conflicting possession ~ preference is given to: a, Present possessor or actual possessor b, If'there are (wo or more possessors, the one longer in possession c. If dates of possession are the same, the one who presents a title d. If all conditions are equal, the thing shall be place in judicial deposit pending determination of possession or ownership through proper proceedings G. Effects of Posse 1, In general, every possessor has a right to be respected in his possession: if disturbed therein, possessor has right to be protected in or restored to said possession (Art, 539) 4 Action to recover possession i. Summary proceedings - forcible entry and unlawful detainer. Plaintiff may ask for writ of preliminary mandatory injunction, ji, accion publiciana (based on the superior right of possession, not of ownership) iii. accion Revindicatoria (recovery of ownership) iv. Action for replevin (possession or ownership fot movable property)2. Possessor can employ self-help (Art. 429) 3. Entitlement to Iruits — possessor in good faith / bad faith 4. Reimbursement for expenses ~possessor in good faith /bad faith Liability tor loss or deterioration of property by possessor in bad faith. (Art, $53; 552) 5. Possession of movable acquired in good (in concept of owner) is equivalent to title (Art, $59) ~ _ Possessor has actual title which is defeasible only by ue owner - One who has lost a movable or has been unlawfully deprived thereof may recover it without reimbursement, except if possessor acquired it at a public sale. Lffect of possession in the concept of owner: & Possession may ripen into full ownership, subject to certain exceptions b. Presumption of just title and cannot be obliged to show or prove it (Art. $41); exceptions (Art. 1131) possessor may bring all actions necessary to protect his possession except accion reivindicatoria d. May employ self-help under Art. 429 ©. Possessor may ask for inscription of such real r the registry of property {Has right to the fruits and reimbursement for expenses (assuming he is a possessor in good faith) Upon recovery of possession which he has becn unlawlully deptived may demand fruits and damages, h. — Generally, he can do on the things possessed everything that the law authorizes owner to do until he is ousted by one who has a beter right, i Poss ion in good faith and possession in bad faith. (Art. $28). Presumptions in favor of the possessor: 1. OF good faith until the contrary is proved (Art. $27) 2. Of continuity of initial good faith in which possession was commenced or possession in good faith does not lose this character except in the case and fiom the moment possessor became aware or is, uot unaware of improper or wrongful possession. (Art, 528). 3. Of enjoyment of possession in the same character in which possession was acquired until contrary is proved (Art, 529)OF non-interruption of possession in favor of present possessor who Proves possession at a previous time until the contrary is proved (Art 554) Arts. 112-1124) OF continuous possession or non-interruption of possession of which he was wrongfully deprived for all purposes favorable to him (Art, S61) Other presumptions with respect to speci rights: properties of property OF extension of possession of real property to all movables contained therein so long as it is not shown that the should be excluded; exceptions (Art. 426), Non-interruption of pos 1078) Of just title in favor of possessor in concept of owner (Art. 541; but also see Art. 1141). ssion of hereditary property (Art. 533 & ssion may be lost by: Abandonment Assignment, either onerous or gratuitous Destruction of total loss of thing or it goes out of commerce Possession by another, if possession has lasted longer than one year; cal right of possession not lost until after ten (10) yeats. subject to art, $37 (acts merely tolerated, etc.)