MODES OF ACQUIRING POSSESSION

-Material Occupation
-Subjection of the Thing or Right to a Person’s Will
-Proper Acts and Legal Formalities

TAKE NOTE: Possession, as a fact, cannot be recognized in two or more personalities. Should the
question arise regarding the fact of possession:
1. the present possessor shall be preferred
2. if there are two possessors, the one longer in possession

Material Occupation
This is the most common mode. This is the one that fits the description of the law of “holding of a
thing or enjoyment of a right”.

Subjection of the Thing or Right to a Person’s Will

This is still possession even if you do not actually or physically hold the thing because there are things
that are not capable of being held. (e.g. 100 sacks of rice placed in the bodega you bought, deliv)

This includes traditio longa manu, which is effected by mere consent of the parties (e.g. mere pointing
to the land being sold). and tradition symbolica, which is effected by delivering an object symbolizing
the placing of the thing under the control of the buyer (e.g. delivery of keys to an apartment).

Proper Acts and Legal Formalities

There are certain acts and legal formalities, the execution of which, is deemed to be delivery of
possession (e.g. delivery of a public document in the sale of a registered land).

However, since the act of performing proper acts and legal formalities are mere works of fiction, they
will yield to reality. This means that if the reality on the ground is that the subject matter of the sale is
in the possession of an adverse claimant, the performance of proper acts and legal formalities (e.g.
delivery of public document), will not vest possession.

IGNACIO WONG VS. HON. CARPIO

If however, not withstanding the execution of the instrument, the purchaser cannot have the
enjoyment and material tenancy of the thing and make use of it themselves because such tenancy
and enjoyment are opposed by another, then delivery has not been effected.

Situtional Example:
I bought a land which, at present, is in the possession of one of the heirs of the seller who claim that
said land was conjugal property so when the seller died, they and their surviving parent became co-
owners of it. In short, it’s in the possession of an adverse claimant. However, when I bought the land,
the seller, who is their deceased parent, delivered to me a public document, duly notarized.

When I asked the current occupants to vacate the property, they refused so I filed a case for unlawful
detainer. Did I acquire possession of the property?

Answer:
No. Under Art. 438 of the New Civil Code, possession, as a fact, cannot be recognized in two or more
personalities. Not withstanding the execution of the instrument, if the purchaser cannot have the
enjoyment and material tenancy of the thing and make use of it themselves because such tenancy
and enjoyment are opposed by another, then delivery has not been effected.

ACQUISITION OF POSSSESSION OF THINGS BY MINORS AND INCAPACITATED PERSONS

They may acquire possession of things but they need the assistance of their legal representatives (e.g.
their next of kin or guardian) to exercise their rights.
TRANSFER OF POSSESSION BY SUCCESSION
Art. 1138, provides for a system of tacking of possession