Possession Flashcards
What is Possession?
Article 523
Possession is the holding of a thing or the enjoyment of a right.
What are the Elements of possession?
1) there must be occupancy, apprehension or
taking; and
2) there must be intent to possess (animus
possidendi)
Types of possession
1) Jus possidendi - a mere incident of ownership
(a right included therein)
2) Jus possessionis - a right independent and apart from ownership; “right of possession”
- Since the possession discussed in Title V of
Book II is independent from ownership and
not necessarily based therefrom, this part of
the Civil Code is dealing with jus possessionis.
- Possession in one’s own name /
possession in the name of another (Art
524) - Possession in the concept of an owner
/ possession in the concept of a holder
(Art 525) - Possession in good faith / possession
in bad faith (Art 526)
distinguish possession In the concept of an owner or holder
Owner
A possessor in the concept of an owner may be the owner himself or one who claims to be so (Carlos v. Republic)
refers to the opinion or belief of the neighbors and the rest of the world and not that of the possessor
the concept of an owner may be the owner
himself or one who claims to be so (bad faith
is immaterial)
Holder
One who possesses as a mere holder acknowledges in another a superior right which he believes to be ownership, whether his belief be right or wrong (Carlos v. Republic)
Considered as possessors in the concept of holder with respect to the thing itself, but considered as possessors in the concept of owner with respect to their right
Lessee, usufructuary, etc.
Doctrine of constructive possession
Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of the ground before he is deemed in possession.
How may. 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 article 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. (460a)
What is filed when possession de facto is lost?
if the dispossession lasted for more than one year, the proper action to be filed is an accion publiciana since the real right of possession (possession de jure) is not lost until after the lapse of ten (10) years.
Rules with respect to misplaces movables
When a movable is simply misplaced or mislaid, the possessor does not automatically lose possession because the movable is still deemed remaining under his control even though for the time being he may not know its whereabouts.
True in false. Possession of movables acquired in good faith does
not only create a presumption of ownership but it is
already equivalent to title.
True
Doctrine of irreivindicability
When a movable property is in the possession of one who has acquired it and holds it in good faith, the true owner cannot recover it as a general rule for the title is valid even against him.
Requisites of constructive possession
- Possessor was in actual possession of a portion or part of the property;
- Claim of ownership of the whole area;
- Remainder of the area must not be in the adverse possession of another person; and 4. Area claimed must be reasonable.
ToF
Tax declarations are not conclusive evidence of ownership
true
Modes of acquiring possession
By Material occupation (detention) of a thing or
the exercise of a right (quasi-possession);
By Subjection of the thing/right to our will
which does not require actual physical detention or seizure; and
By constructive possession or proper Acts and legal Formalities established by law such as succession, donation, execution of public instruments (NCC, Art. 531).
Constitutum possessorium
when the . possessor who is the owner of the property continues his possession no longer under a title of ownership but under a title less than ownership, i.e. lessee, depositary, etc.
Traditio brevi manu
Traditio brevi manu – when the possessor
who is possessing the thing by a title other
than ownership, continues to possess it under a new title, now of ownership.