POSSESSION

POSSESSION

• Possession – holding of a thing or enjoyment of a right

1. occupancy – actual or constructive (corpus)

2. intent to possess (animus)

• How acquired:

a. material occupation – possession as a fact

1. physical

2. constructive –

tradicion brevi manu (one who possess a thing short of title of owner – lease );

tradicion constitutum possesorium (owner alienates thing but continues to possess – depositary, pledgee, tenant)

 cannot be recognized at the same time in 2 different personalities except co-possession

 question arise regarding fact of possession

1. present possessor preferred

2. 2 possessors – one longer in possession

3. dates of possession the same – one who presents a title

4. both have titles – judicial resolution

b. subject to action of our will- possession as a right

1. tradicion simbolica – delivering object or symbol of placing thing under control of transferee (keys)

2. tradicion longa manu – pointing out to transferee the things which are being transferred

c. proper acts and legal formalities established for acquiring rights – donation, sale

• What can be subject of possession

– things or rights which are susceptible of being appropriated


• Degrees of possession:

1. holding w/o title and in violation of right of owner

2. possession with juridical title but not that of owner

3. possession with just title but not from true owner

4. possession with just title from true owner

• Classes of ownership:

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

3. in oneself – personal acquisition

a. he 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. representative has intention to acquire for another and not for himself

b. person from whom it is acquired has intention of possessing it

5. in good faith – not aware that there exist flaw in title or mode w/c invalidates it; mistake upon doubtful question of law; always presumed;

it may be interrupted – by extraneous evidence or suit for recovery of property of true owner

6. in bad faith – aware of defect

• Possession through succession

1. possession of hereditary property is deemed transmitted w/o interruption from moment of death ( if accepted) and if not accepted ( deemed never to have possessed the same )

2. one who succeeds by hereditary title shall not tack the bad faith of predecessors in interest except when he is aware of flaws affecting title;

but effects of possession in good faith shall not benefit him except from date of death of decedent.


• Minors/ Incapacitated

may acquire material possession but not right to possession; may only acquire them through guardian or legal representatives

• Acquisition

1. cannot be acquired through force or intimidation when a possessor objects thereto – resort to courts

2. the following do not affect acts of possession ( not deemed abandonment of rights ); possession not interrupted

a. acts merely tolerated

b. clandestine and unknown acts

c. acts of violence

• Rights of possessor:

1. Right to be respected in his possession; if disturbed – protected by means established by law; spoliation

2. Possession acquired and enjoyed in concept of owner can serve as title for acquisitive prescription

a. Possession has to be in concept of owner, public, peaceful and uninterrupted

b. Title short of ownership

3. Person in concept of owner has in his favor the legal presumption of just title (prima facie)

4. Possession of real property presumes that movables are included

5. 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

6. Possessor in good faith entitled to fruits received before possession is legally interrupted ( natural and industrial – gathered or severed; civil – accrue daily )

7. Possessor in good faith entitled to part of net harvest and part of expenses of cultivation if there are natural or industrial fruits ( proportionate to time of possession );

owner has option to require possessor to finish cultivation and gathering of fruits and give net proceeds as indemnity for his part of expenses;

if possessor in good faith refuses – barred from indemnification in other manner

8. Possessor has right to be indemnified for necessary expenses whether in good faith or in bad faith;

Possessor in good faith has right of retention over thing unless necessary expenses paid by owner

9. Possessor in good faith has 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
10. Possessor in good faith 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.

11. Possessor in good faith and bad faith may not be entitled to payment for luxurious expense but may remove them provided principal is not injured – provided owner does not refund the amount expended

12. Improvements caused by nature or time to inure to the benefit of person who has succeeded in recovering possession

13. Wild animals possessed while in one’s control; domesticated – possessed if they retain habit of returning back home

14. One who recovers, according to law, possession unjustly lost is deemed to have enjoyed it w/o interruption

• Liabilities/duties of Possessor

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 time of occupation

• Loss of possession:

1. abandonment of the thing – renunciation of right; intent to lose the thing

2. assignment made to another by onerous or gratuitous title

3. destruction or total loss of the thing or thing went out of commerce

4. possession of another if new possession lasted longer that 1 year ( possession as a fact); real right of possession not lost except after 10 years

• Not lost:
1. Even for time being he may not know their whereabouts, possession of movable is not deemed lost

2. When agent encumbered property without express authority – except when ratified

3. 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 is equivalent to title
a. possession is in good faith

b. owner has voluntarily parted with the possession of the thing

c. possessor is in concept of an owner