Property Law

Group Activity
October 23, 2021
Names: Babasol, Lorenz
Guipetacio, Nina Zyra
Manda, Edwin
Cozido, Ariel
Lavador, Joynilenge

How does the provisions on civil law regarding possession affect the social problem of squatting
and usurpation of lands in the country?

Specific Civil Code provision on
possession.
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.
Implications on squatting and
usurpation of lands in the country
Good faith is not always presumed and
would not be responsible for the
subsequent loss of house.
Necessary amendment on the
civil code provision, if any
constitutional presumption to be
deemed innocent until the contrary
is proven.
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.
Article 536. In no case may possession
be acquired through force or
intimidation as long as there is a
possessor who objects thereto. He who
believes that he has an action or a right
to deprive another of the holding of a
thing, must invoke the aid of the
competent court, if the holder should
refuse to deliver the thing
Article 537. Acts merely tolerated, and
those executed clandestinely and
without the knowledge of the
possessor of a thing, or by violence, do
not affect possession.
Continuity of possession over the
property which constitutes to non-
interruption of the same.
Non-interruption of possession of
property unjustly lost but legally
recovered
Possession during intervening period
Possession of movables with real
property
Exclusive possession of common
property
without the need of evidence that the
person acquires the property.
Non-interruption in the mode of Not necessary to be amended
possession
Presumption for the continuity of the
possession over the property.
Article 540. Only the possession
acquired and enjoyed in the concept of
owner can serve as a title for acquiring
dominion.
Article 541. A possessor in the concept
of owner has in his favor the legal
presumption that he possesses with a
just title and he cannot be obliged to
show or prove it.
Cannot be acquired possession as long
as someone object the possession
thereof.
He may eventually the owner by
prescription.
They can stay and continue to possess as They will be given one year from
long as no quitting of title be done. the day of usurpation is discovered
to provide title to the authority or
owner.
Required to present a title to prove
he acquired the land.