PROPERTY
Article 523. Concept of Possession
 In general, it is the holding of a thing or of a
right, whether by material occupation or by the
fact that the thing or right is subjected to the
action of our will
 Possession always includes the idea of
possession, and except in cases mentioned in
article 537, possession cannot exist without it
 It is necessary that there should be occupancy,
otherwise, there is no possession
 Requirements to complete possession:
1. Occupancy, apprehension or taking
2. An intent to possess (animus possidendi)
3. (Paras) the possession must be by virtue of
one’s own right
 The general rule is that, the possession and
cultivation of a portion of a tract under claim of
ownership of all is a constructive possession of
all, if the remainder is not in the adverse
possession of another.
 The doctrine of constructive possession applies
when the possession is under title calling for
the whole; however, it does not apply where the
possession is without title
 Viewpoints of possession:
1. Right to possession (jus possidendi)
2. Right of possession (jus possessionis)
 has unlawfully deprived him of it, he can
 Degrees of possession:
1. Mere holding or possession without title
whatsoever, and in violation of the right of
PINEDA NOTES
the owner – both the possessor and the
public know that the possession is wrongful
2. Possession with juridical title, but not that of
ownership
3. Possession with a just title, or a title
sufficient to transfer ownership, but not
from true owner
4. Possession with a just title from the true
owner
 Classes of possession
1. Possession in concept of owner and
possession in concept of holder
2. Possession by oneself and possession in the
name of another
3. Possession in good faith and possession in
bad faith
Article 524. Possession in Another’s Name
 The rights of possession may be exercised
through agents –
Necessary possession – when exercised on
behalf of the conceived child, or juridical
persons, of persons not sui juris, and of
conjugal partnership
Voluntary possession – when agents or
administrators are appointed by the owner or
possessor
Unauthorized possession (Paras) – this wil
become the principal’s possession only after
there has been a ratification without prejudice
to the effects of negotiorum gestio
POSSESSION
 Situations of this article:
1. That of a person who has the thing or enjoys
the right, and is therefore the possessor
2. That of a person who neither has nor enjoys
the right, and is therefore not a possessor,
but who exercises the possession of another
Article 525. Concepts of possession
 (1) Possession of holder – possessor
acknowledges in another a superior right which
he believes to be ownership, whether his belief
be right or wrong
 (2) Possession in concept of owner – when a
person claims to be the owner of a thing,
whether he believes so or not, acting as an
owner, and performing acts of ownership, and
he is or may be considered as the owner by
those who witness his exercise of proprietary
rights, then he is possessor in concept of owner
 Effects of (2) Possession in concept of owner:
1. The possession in concept of owner is
converted into ownership by the lapse of
time necessary for prescription
2. The possessor can bring all actions
necessary to protect his possession, availing
himself of any action which an owner can
bring, except the accion reinvindicatoria
which is substituted by the accion
publiciana
3. He can ask for the inscription of his
possession in the registry of property
4. Upon recovering possession from one who
demand fruits and damages
5. In brief, he can do on the thing possessed
everything that the law authorizes an owner
to do; he can exercise the right of pre-
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emption, and is entitled to the indemnity in
case of expropriation
Article 526. Possessor in good faith and in bad
faith
 Possessor in good faith is one who is unaware
that there exists a flaw which invalidates his
acquisition of the thing
 The belief of the possessor that he is the legal
owner of the thing must be based upon some
title or mode of acquisition, such as sale,
donation, inheritance, or other means of
transmitting ownership
 Good faith is always presumed, and he who
alleges bad faith on the part of the possessor
has the burden of proving his allegation
 Ignorance of the provisions of the law may be
excusable and thus serve as the basis of good
faith
 Possessor in bad faith is one in possession of
property knowing that his title thereto is
defective
 Bad faith is not transmissible from one person
to another, not even to an heir, as may be seen
from article 534.
Article 527. Presumption of good faith
 This presumption is only a presumption juris
tantum (legal but rebuttable)
 Protection is thus given to the possessor
against all persons, whoever they may be;
hence, this article demands proof of bad faith
PINEDA NOTES
 So long as the possessor is not actually aware
of any defect invalidating his title or mode of
acquisition, or of any fact or circumstance
which would put a prudent man upon his guard,
or require him to discover the falw in his
transferor’s title, so long will he be deemed a
possessor in good faith
Article 528. Interruption of good faith
 Possession in good faith ceases from the
moment defects in the title are made known to
the possessor, by extraneous evidence or by suit
for recovery of the property by the true owner
 Good faith ceases from the date of the summons
to appear at the trial. If the date of the
summons does not appear in the record, that of
the answer will be adopted.
 When possession in good faith converted?
a) From the moment facts exist showing the
possessor’s knowledge of the flaw, from that
time should he be considered a possessor in
bad faith
b) It does not matter whether the “facts” were
caused by him or by some other person
 When bad faith begins
a) From the receipt of judicial summons;
b) Even before such time as when a letter is
received from the true owner asking the
possessor to stop planting on the land
because somebody else owns it
Article 529. Continuity of Possession
 Some presumptions regarding possession:
1. Good faith [Art. 527]
POSSESSION
2. Continuity of character of possession
[Art.529]
3. Non-interruption of possession [Art. 553]
4. Presumption of just title [Art.541]
5. Non-interruption of possession of property
unjustly lost but legally recovered [Art. 561]
6. Possession during intervening period [Art.
1138(2)]
7. Possession of movables with real property
[Art. 542]
8. Exclusive possession of common property
[Art. 543]
Article 530. Relation to prescription
 Article 1113 provides that all things within the
commerce of man are susceptible of
prescription
Article 531. Essential Requisites
 The acquisition of possession involves two
elements:
1. Corpus – material holding of the thing
2. Animus – intent to possess it
 There is no possession if the holder does not want
intend to exercise the rights of a possessor
 Material occupation – means of acquiring
possession of things, but not of rights
 Constructive delivery may be considered as
equivalent to material occupation in those cases
where such is essential to the acquisition of
possession.
 Acquisition of possession
1. By material occupation – detention of a thing
or the exercise of a right (quasi-possession)
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a. Tradicion brevi manu – takes place
when one who possesses a thing by title
other than ownership, continues to possess
the same but under a new title, that of
ownership
b. Constitutum possessorum – realized
when the owner alienates the thing, but
continues to possess the same under a
different title, such as that of depositary,
pledge or tenant
2. By subjection to our will – refers more to the
right of possession than to possession as a
fact
a. Tradicion simbolica – effected by
delivering some object or symbol placing
the thing under the control of the
transferee, such as the keys to the
warehouse containing the goods delivered
b. Tradicion longa manu – effected by
the transferor pointing out to the transferee
the things which are being transferred
3. By constructive possession – proper acts and
legal formalities
a. Succession
b. Donation
c. Execution of public instruments
d. Possession by a sheriff by virtue of a court
order
Article 532. Personal acquisition
 Acquisition of possession from the viewpoint of
who possesses:
1. Personal
2. Through authorized person
PINEDA NOTES POSSESSION
3. Through unauthorized person 2. If heir refuses – he is deemed never to have
possessed the same
 Requisites:
Article 534. Effects
1. Personal acquisition:
 Some effects of acquisition of possession, through
a. Intent to possess succession:
b. Capacity to possess
c. Object must be capable of being possessed If the father or decedent was in bad faith, it does
not necessarily mean that the son was also in bad
2. Through an authorized person faith. The son is presumed to be in GOOD FAITH.
a. Intent to possess for principal (not for The consequences of the GOOD FAITH of the son
agent) should be
b. Authority or capacity to possess (for counted only from the date of the decedent’s
another) death
c. Principal has intent and capacity to
possess Article 535. Who are incapacitated
3. Through an unauthorized person (negotiorum  Persons referred to in this article:
gestio)
1. Unemancipated minors
a. Intent to possess 2. Minors emancipated by parental concession
b. Capacity of “principal” to possess or by marriage
c. Ratification by “principal” 3. Other incapacitated persons like:
 Acquisition through another, elements: a. The insane
b. The prodigal or spendthrift
1. That the representative or agent has the c. Those under civil interdiction
intention to acquire the thing or exercise the d. Deaf-mute
right for another, and not for himself
2. That the person for whom the thing has been 
acquired or the right exercised, has the
intention of possessing such thing or
exercising such right
Article 533. Acquisition of possession through
succession mortis causa
 Time of acquisition of possession –
1. If heir accepts – from the moment of death
since there is no interruption
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