Title V

POSSESSION

Chapter 1
POSSESSION AND THE KINDS THEREOF
(Arts. 523 - 530)

Article 523

 Possession

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

 Requisites or Elements of Possession

a. There must be a holding or control (occupancy, taking or

apprehension) of a thing or a right. (may be actual or
constructive)

b. There must be a deliberate intention to possess (animus

possidendi)

c. The possession must be by virtue of one’s own right (owner or

that derived from an owner)

 Possession vs. Ownership

- Possession is defined as the holding of a thing or the enjoyment of

a right

- Ownership exists when a thing pertaining to one person is

completely subjected to his will in a manner not prohibit by law
and inconsistent with the rights of others

Article 524

 Classes of Possession

a. In one’s own name or that of another (Art. 524)

b. In the concept of owner and in the concept of holder (Art. 525)
c. In good faith or in bad faith.

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 - Who is in actual possession of a Rented Parcel of Land?

 The lessor thru the tenant (in the concept of owner)

 If a tenant is ousted by an intruder, the tenant is

undoubtedly given the right to bring an action of
forcible entry. Now then suppose it is the landlord
himself who institutes the suit against the intruder,
would the action prosper?

o Yes, for after all, the landowner was

really in actual possession, thru the
tenant.

 Possession in Another’s Name

a. Voluntary

 As when an agent possesses for the principal (virtue

of an agreement)

b. Necessary

 As when a mother possesses for a child still in the

maternal womb

c. Unauthorized

 Only becomes the principal’s possession only after

he has been a ratification without prejudice to the
effects of negostiorum gestion

 Jose de Luna vs. Ca, et.al. G.R. No. 94490, August 6, 1992
o Possession as the issue in ejectment cases

Article 525

 Concepts

a. Concept of owner

 One who, whether in good faith or in bad faith,

claims to be and acts as if he is the owner
 He thus recognizes no title of ownership in another,
with respect to the property involved
 Good faith or bad faith is immaterial

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  Considered as adverse possession (kind of
possession which may ripen into ownership

b. Concept of Holder

 Recognizes another to be the owner

 Examples:
o That of the tenant
o That of the usufructuary
o That of the depositary
o That of a bailee in commodatum

Article 526

 Possession in Good Faith

- 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

 Possessor in Bad Faith

- Possesses in any case contrary to the foregoing