• The possessor in the concept of a holder carries with it no assertion of ownership. There are no overt acts which would induce a belief on the part of others that he is the owner.
• The possessor in the concept of a holder acknowledges a superior right in another person which the possessor admits is ownership.
• Possession in the concept of a holder is ius possessionis. This is right to possess is an independent right (i.e. lessee, trustee, agent, antichretic creditor, pledgee, co-owner with respect to the entire thing, etc.)
• Possession in the concept of a holder will never become ownership. • Presumptions Applicable
1. Non-Interruption (Articles 554, 561)
Art. 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.
Art. 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.
• 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. • 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.
2. Extension to Movables Within or Inside (Articles 552, 426)
Art. 552. A possessor in good faith shall not be liable
for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons.
A possessor in bad faith shall be liable
for deterioration or loss in every case, even if caused by a fortuitous event.
Art. 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.
• The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded.
• In both possession in the concept of an owner and possession in the concept of a holder, both are protected by Article 539⊕.
• Acquisition and Loss of Possession A. Acquisition
• How is it Acquired: 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 (Article 531)
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.
• Acquired by Whom: 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 (Art. 532).
⊕ 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 thirty (30) days from the filing thereof.
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.
B. Loss
• Possession may be lost
1. By abandonment (Article 555 (1)) • Abandonment may either be:
a. Permanent
• There is no need for the prescriptive period to run. b. Temporary
• Prescription will run. • See Article 1125
Art. 1125. Any express or tacit recognition which the possessor may make of the owner's right also interrupts possession.
2. By assignment made to another either by onerous or gratuitous title (Article 555 (2))
• Disposition
3. By destruction or total loss of the thing, or it goes out of commerce (Article 555 (3))
• See Article 1189 (1), (2)
Art. 1189. When the conditions have been imposed
with the intention of suspending the efficacy of an obligation to give, the following rules shall be observed in case of the improvement, loss or deterioration of the thing during the pendency of the condition:
(1) If the thing is lost without the fault of the debtor, the obligation shall be extinguished;
(2) If the thing is lost through the fault of the debtor, he shall be obliged to pay damages; it is understood that the thing is lost when it perishes, or goes out of commerce, or disappears in such a way that its existence is unknown or it cannot be recovered;
4. By possession of another subject to the provisions of Art. 537, if the new possession has lasted longer than 1 year. But the real right of possession is not lost till after the lapse of 10 years (Article 555 (4))
• The complaint for forcible entry must be filed within 1 year from the forcible entry.
• Accion publiciana must be filed after the lapse of 1 year from the forcible entry but before the lapse of 10 years.
• In this case, possession is not really lost until the end of the 10th year.
5. By accion reinvindicatoria
Art. 1120. Possession is interrupted for the purposes of
prescription, naturally or civilly.
Art. 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.
Art. 1122. If the natural interruption is for only one year
or less, the time elapsed shall be counted in favor of the prescription.
Art. 1123. Civil interruption is produced by judicial summons to the possessor.
Art. 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.
6. By eminent domain IV. Usufruct
• Usufruct is a real right temporary in nature which authorizes the holder to enjoy all the benefits which result from the normal enjoyment and exploitation of another‘s property with the obligation to return at the designated time either the same thing or in special cases its equivalent.
A. 3 Elements in a Usufruct 1. Essential
• The essential element of a usufruct is that it is a real but temporary right to enjoy someone else‘s property.
2. Natural
• The natural element of a usufruct is the obligation to preserve the form and substance the property of another.
• In extraordinary cases known as irregular or imperfect or abnormal usufruct, this natural element is not present. The usufructuary does not have to return the same property.
• Kinds of Imperfect Usufruct a. Article 573
Art. 573. Whenever the usufruct includes things which,
without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence.
• Usufruct includes things which gradually deteriorate through wear and tear
• Usufructuary shall have the right to make use.
• The usufructuary shall not be obliged to return the property in its original condition.
• The usufructuary shall indemnify the property owner for the deterioration in case he is guilty of fraud or negligence.
b. Article 574
Art. 574. Whenever the usufruct includes things which
cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. In case they were not appraised, he shall have the right to return at the same quantity and quality, or pay their current price at the time the usufruct ceases.
• Usufruct includes things which cannot be used without being consumed
• This is a usufruct in name only. It is really a mutuum (loan). • Usufructuary shall have the right to make use.
• If the property was appraised, the usufructuary shall pay its appraised value.
• If the property was not appraised, the usufructuary may either i. Return the same quantity and quality; or
c. Article 591, ¶4
Article 591, ¶4. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things.
• Should the usufruct be on sterile animals, it shall be considered as though it was constituted on fungible things.
3. Accidental
• The accidental elements are those which are the subject of stipulation (i.e. how long will the usufruct last).