1.- Completa los recuadros del siguiente esquema de la historia
D) Que las personas están muy molestas
5. Haz amigos e interactúa con ellos. Atesora un tiempo dedicado a construir relaciones saludables en las que disfrutes de la compañía de tus amigos, de una
b. Unlawful Deprivation 8. Loss of Possession
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POSSESSION— is the holding of a thing or enjoyment of a right
1. ELEMENTS
a. Occupancy
– actual or constructive (corpus)
b. Intent to
possess (animus possidendi)
c. Must be by
virtue of one’s own right Extent of Possession:
1. Physical/actual – occupancy in fact of the whole or at least substantially the whole 2. Constructive – occupancy in part in the name
of the whole under such circumstances that the law extends the occupancy to the possession of the whole
Subject of possession: things or rights which are susceptible of being appropriated
Exceptions:
1. Res communes
2. Property of public dominion 3. Discontinuous servitudes 4. Non-apparent servitudes DEGREES OF POSSESSION:
1. Holding w/o title and in violation of right of owner (grammatical degree)
Ex. possession of a thief
2. Possession with juridical title but not that of owner (juridical possession)
Ex. that of a lessee, pledge, depositary
3. Possession with just title but not from true owner (possessory right)
Ex. A in good faith buys a car from B who delivers the same to A but B merely pretended to be the owner
4. Possession with just title from true owner ACQUISITION OF POSSESSION FROM THE VIEWPOINT OF WHO POSSESSES:
1. Personal Requisites:
a. Intent to possess
b. Capacity to possess
c. Object must be capable of being possessed
2. Thru authorized person (agent or legal representative)
Requisites:
a. Intent to possess for principal (not for agent)
b. Authority or capacity to possess (for another)
c. Principal has intent and capacity to possess
3. Thru Unauthorized person (but only if subsequently ratified)
Requisites:
a. Intent to possess for another (the principal)
b. Capacity of “principal” to possess c. Ratification by principal
2. REQUIREMENTS—TO RIPEN INTO OWNERSHIP
Classes of Possession:
1. In concept of owner – owner himself or adverse possessor
Effects:
A. May be converted into ownership through acquisitive prescription B. Bring actions necessary to protect
possession
C. Ask for inscription of possession D. Demand fruits and damages from
one unlawfully detaining property 2. In concept of holder – usufruct, lessee,
bailee in commodatum
3. In oneself – personal acquisition
A. must have capacity to acquire possession
B. intent to possess
C. possibility to acquire possession 4. In name of another – agent; subject to
authority and ratification if not authorized; negotiorum gestio
A. Voluntary – as when an agent possesses for the principal
B. Necessary – as when a mother possesses for a child still in the maternal womb
C. Unauthorized – this will become the principal’s possession only after there has been a ratification without prejudice to the effects of negotiorum gestio
Possession and ownership are distinct legal concepts. Ownership confers certain rights to the owner, among which are the right to enjoy the thing owned
and the right to exclude other persons from possession thereof. On the other hand, possession is defined as the holding of a thing or the enjoyment of a right. Literally, to possess means to actually and physically occupy a thing with or without a right. Thus, a person may be declared an owner but he may not be entitled to possession. Heirs of Roman Soriano v. CA, [363 SCRA 86 (2001)]
4. ACQUISITIVE PRESCRIPTION
POSSESSOR IN GOOD FAITH is one who is not aware that there exist a flaw in the title or mode w/c invalidates it.
POSSESSOR IN BAD FAITH is one who is aware of defect.
Notes on Good Faith/Bad Faith
Mistake upon a doubtful/difficult question of law may be the basis of good faith
Good faith is always presumed. Burden of proof lies on the one alleging bad faith
Possession is presumed to be enjoyed in the same character in which it is acquired, until contrary is proven.
Ways of Acquiring Possession
1. Material occupation or exercise of a right
a. TRADICION BREVI MANU– when one already in possession of a thing by a title other than ownership continues to possess the same under a new title, that of ownership
b. TRADICION CONSTITUTUM
POSSESSORIUM— when the owner continues in possession of the property alienated not as owner but in some other capacity.
b. By the subjection of the thing or right to our will
a. TRADICION LONGA MANU– effected by mere consent or agreement of the parties b. TRADICION SIMBOLICA– effected by
delivering an object (such as key) symbolizing the placing of one thing under the control of the vendee
c. By proper acts and legal formalities established for acquiring such right of possession
POSSESSION THROUGH SUCCESSION
1. Possession of hereditary property:
a. If ACCEPTED deemed transmitted w/o interruption from moment of death
b. If NOT ACCEPTED deemed never to have possessed the same
2. Except from date of death of decedent.
EFFECTS OF BAD FAITH OF DECEDENT ON HEIR1. Heir shall not suffer the consequences of the wrongful possession of the decedent (bad faith is personal)
EXCEPTION: when he becomes aware of the flaws affecting the decedent’s title 2. Interruption of good faith may take place at
the date of summons or that of the answer if the date of summons does not appear.
HOWEVER, there is a contrary view espousing that summons is insufficient to make the possessor in bad faith.
3. Effects of possession in good faith counted only from the date of the decedent’s death MINORS/INCAPACITATED:
1. May acquire MATERIAL possession but not right to possession;
2. May only acquire them through guardian or legal representatives
ACQUISITION: cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts
The execution of a deed of sale is merely a prima facie presumption of delivery of possession of a piece of real property, which is destroyed when the delivery is not effected because of a legal impediment. Said construction or symbolic delivery, being merely presumptive, may be negated by the failure of the vendee to take actual possession of the land sold. Copuyoc v. De Sola, [G.R. No. 151322, October 26, 2006]
5. RIGHTS OF LEGAL POSSESSOR a. Peaceful & Uninterrupted Possession
o Right to be respected in his possession; if disturbed – protected by means established by law;
spoliation
o Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription
Possession has to be in concept of owner, public, peaceful and uninterrupted
Title short of ownership
o Legal presumption of just title (prima facie) – for person in concept of owner o Possession of real property presumes
that movables are included i. Co-possession
Co-possessors deemed to have exclusively possessed part which may be allotted to him;
interruption in whole or in part shall be to the prejudice of all
ii. Actions in Case of Deprivation of Possession b. Fruits
For possessors in good faith:
1. Entitled to fruits received before possession is legally interrupted (natural and industrial – gathered or severed; civil – accrue daily ) 2. Entitled to part of net harvest and part of
expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession )
a. Owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses;
b. If possessor in good faith refuses – barred from indemnification in other manner c. Indemnity for Expenses/ Improvements For possessors in good faith:
1. Right to be reimbursed for useful expenses with right of retention; owner has option of paying expenses or paying the increase in value of property which thing acquired by reason of useful expenses
2. May remove improvements if can be done w/o damage to principal thing- unless owner exercises option of paying; possessor in bad faith not entitled.
Regardless of good faith/bad faith:
1. Right to be indemnified for necessary expenses;
2. Possessor in good faith has right of retention over thing unless necessary expenses paid by owner
3. Not entitled to payment for luxurious expense but may remove them provided principal is not injured – provided owner does not refund the amount expended
4.Im provements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession
5. Wild animals possessed while in one’s control; domesticated – possessed if they retain habit of returning back home
6. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption
Liabilities/ Duties Of Possessors
1. Return of fruits if in bad faith – fruits legitimate possessor could have received 2. Bear cost of litigation
3. Possessor in good faith not liable for loss or deterioration or loss except when fraud and negligence intervened
4. Possessor in bad faith liable for loss or deterioration even if caused by fortuitous event
5. Person who recovers possession not obliged to pay for improvements which have ceased to exist at the time of occupation
General Rule Re: possession as a fact:
Possession as a fact cannot be recognized at the same time in two different personalities
Exceptions:
1. Co-possessor – there is no conflict of interest, both of them acting as co-owners, as in the case of property owned or possessed in common
2. Possession of different concepts or different degrees
SUMMARY OF RULES ON NECESSARY/
USEFUL/ LUXURIOUS POSSESSION &
POSSESSION BY LESSEE BASIS IF IN GOOD
FAITH IF IN BAD FAITH
Necessary
Expenses 1. Right to reimbursemen right to refund or retention right of refund or retention but can remove if no substantial injury is caused.
However, owner has OPTION to allow:
1. Possessor to remove the time owner enters into return value of fruits already received as well as value of fruits which the owner or legitimate possessor (not the possessor in BF) could have
Production shall lose all the right to be
Only if acting w/ fraudulent intent or negligence, after summons
Liable in every case
1. Present possessor shall be preferred
2. If both are present, the one longer in possession
3. If both began to possess at the same time, the one who present (or has) title
4. If both present a title, the Court will determine. (Meantime, the thing shall be judicially deposited.)
A NOTICE OF LIS PENDENS is proper in the following cases: (PORC-Q)
1. Action to r ecover possession of real estate 2. Action to q uiet title thereto
3. Action to remove c louds thereon 4. Action for p artition
5. Any o ther proceedings of any kind in Court directly affecting the title to the land or the use or occupation thereof of the buildings thereon 6. PRESCRIPTION OF JUST TITLE
7. POSSESSION OF MOVABLES Requisites:
1.G ood faith
2. Owner voluntarily parted with the possession of the thing
3. In the concept of owner
a. Possession in good faith - Equivalent to title
b. One who has lost or has been unlawfully deprived of it may recover the thing from whomever possesses it, ordinarily, w/o reimbursement.
c. Owner must prove:
i. Ownership of the thing
ii. Loss or unlawful deprivation or bad faith of the possessor
NOTE: Owner acts negligently or voluntarily parts w/ the thing owned cannot recover from possessor
SUMMARY OF RECOVERY OR NON-RECOVERY PRINCIPLE
Owner may
recover without reimbursement
1. from possessor in bad faith
2. from possessor in good faith (if owner had lost the
property or been
unlawfully deprived of it) the acquisition being from a private person [art. 559]
Owner may
recover but should
REIMBURSE the possessor
if possessor acquired the object in good faith at a public sale or auction; acquired it in good faith by
purchase from a
merchant’s store, or in fairs, or markets in accordance with the Code of Commerce and special avoided at the time of sale to the buyer in good faith for value and without notice of the sellers defect in title
4. if recovery is no longer possible because of prescription
5. if sale is sanctioned by statutory or judicial authority
6. if possessor had obtained the goods because he was an innocent purchaser for value and holder of a negotiable document of title to the goods
ANIMALS
WILD ANIMALS – possessor is the one who has control over them
DOMESTICATED AND TAMED ANIMALS – the possessor does not lose possession as long as habitually they return to the possessor’s premises
NOTE: For ownership, the owner must claim them within 20 days from their occupation by another person
Loss Of Possession: (PALA)
1. A bandonment of the thing – renunciation of right; intent to lose the thing
2. A ssignment made to another by onerous or gratuitous title
3. Destruction or total l oss of the thing or thing went out of commerce
4. P ossession of another if new possession lasted longer that 1 year (possession as a fact); real right of possession not lost except after 10 years
8. LOSS OF POSSESSION
Acts Not Affecting Possession: (not deemed abandonment of rights); possession not interrupted
1. Acts merely tolerated
2. Clandestine and unknown acts 3. Acts of violence
Possession Not Lost When:
2. Even for time being he may not know their whereabouts, possession of movable is not deemed lost
3. When agent encumbered property without express authority – except when ratified 4. Possession may still be recovered:
a. Unlawfully deprived or lost
b. Acquired at public sale in good faith – with reimbursement
c. Provision of law enabling the apparent owner to dispose as if he is owner
d. Sale under order of the court e. Purchases made at merchant
stores, fairs or markets
f. Negotiable document of title
Possession Equivalent To Title:
1. Possession is in good faith
2. Owner has voluntarily parted with the possession of the thing - Possessor is in concept of an owner