POSSESSION

CHAPTER 1
Possession and the Kinds Thereof

Ramon D. Villanueva Jr.

JD-2B

S
 ARTICLE 523

Possession is the holding of a thing or

the enjoyment of a right. (430a)
“Possession”

S Derived from “pos sedere” or “posse”

S The holding or control of a thing or the exercise of a right

 Right TO possession vis-à-vis Right OF possession

Degrees of Possession

S Mere holding, without any right

S Possession with a juridical title,but not that of an owner

S Possession with a just title, but not from a true owner

S Possession with a title of dominium

Requisites or Elements of Possession

S Holding or control of the thing or right

S Deliberate intention to possess

S Possession by virtue of one’s own right

Classes of Possession

S One’s own name or another

S Concept of owner or holder

S Good faith or Bad faith

 ARTICLE 524

Possession may be exercised in one's

own name or in that of another.
(413a)
Possession may be exercised:
(1) One’s own name

(2) Name of another

Possession in another’s name

(1) Voluntary

(2) Necessary

(3) Unauthorized
 ARTICLE 525

The possession of things or rights may

be had in one of two concepts: either
in the concept of owner, or in that of
the holder of the thing or right to keep
or enjoy it, the ownership pertaining
to another person. (432)
Two concepts:

(1) Concept of owner

(2) Concept of a holder

 ARTICLE 526

He is deemed a possessor in good faith who is not

aware that there exists in his title or mode of
acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith who
possesses in any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of
law may be the basis of good faith. (433a)
Possessor in Good Faith vis-à-vis
Possessor in Bad Faith
 ARTICLE 527

Good faith is always presumed, and

upon him who alleges bad faith on the
part of a possessor rests the burden of
proof. (434)
S Presumption is always given because every person should be
presumed honest until the contrary is proved.

S If no evidence is presented proving bad faith, the

presumption of good faith remains.
 ARTICLE 528

Possession acquired in good faith does

not lose this character except in the
case and from the moment facts exist
which show that the possessor is not
unaware that he possesses the thing
improperly or wrongfully. (435a)
When Good Faith is converted to Bad Faith?
S From the moment the facts exist of knowledge of the flaw.

When Bad Faith begins?

S Existence may begin either from the receipt of judicial
summons or even before such time such as a letter from the
true owner.
 ARTICLE 529

It is presumed that possession

continues to be enjoyed in the same
character in which it was acquired,
until the contrary is proved. (436)
Presumptions
(1) Good faith

(2) Continuity of character of possession

(3) Non-interruption of possession

(4) Presumption of just title

(5) Non-interruption of possession of property unjustly lost but legally

recovered

(6) Possession during intervening period

(7) Possession of movables with real property

(8) Exclusive possession of common property

 ARTICLE 530

Only things and rights which are

susceptible of being appropriated may
be the object of possession. (437)
S Only those things and rights which are susceptible of being appropriated may
be the object of possession.
S “Res Nullius” may be possesssed but cannot be acquired by prescription

The following cannot be appropriated hence cannot be possessed:

(1) Property of public dominion

(2) Res communes

(3) Easements

(4) Things specifically prohibited by law