Effects

of possession
article 553-561
 “
Article 553.
One who recovers possession shall not be
obliged to pay for improvements which have
ceased to exist at the time he takes
possession of the thing.

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 Improvements vs necessary expenses

Shall not be Owner is liable

reimbursed. (Art. 546)
 “
Article 554.
A present possessor who shows his
possession at some previous time, is
presumed to have held possession also
during the intermediate period, in the
absence of proof to the contrary.

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 PRESENCE OF PRESUMPTION
Example:
In an action for recovery

Mr. Santos has proven that he possessed the property in

the year 1989.

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 “
Article 555.
A possessor may lose his possession:

▣ (1) By the abandonment of the thing;

▣ (2) By an assignment made to another

either by onerous or gratuitous title;

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 abandonment
Voluntary renunciation of all rights which a person
has over a thing, allowing a third person to acquire
ownership.

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▣ By the destruction or total loss of the thing, or
because it goes out of commerce;

▣ (4) By the possession of another, subject to the

provisions of article 537, if the new possession has
lasted longer than one year. But the real right of
possession is not lost till after the lapse of ten years.
 WHO MAY ABANDON?

The owner or mere

possessor
 INTENTION TO ABANDON
An owner cannot be held to have abandoned the thing until he has
at least some knowledge of its loss.

As a matter of Law, a thing cannot be considered abandoned until

“ spes recuperandi” (hope for recovery) is gone and the “ animus
revertendi”(intention to return) is finally given up.

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 EFFECT OF ABANDONMENT
A thing becomes without an owner or possessor and is
coverted intor res nulliues and may be acquired by a
thirs person by occupation.

NOTE:
Not only actual possession but legal right to possession
including an intention not to reclaim ownership.
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 Not applicable to land
▣ Abandonment which converts the thing to res nulius,
which ownership can be acquired through occupation
cannot be applied to land.

▣ Art. 714 ownership of a piece of land cannot be acquired

by occupation.

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 assignment
Complete transmission of the thing, or right to another by
any lawful manner.

HE WHO WAS THE OWNER OR POSSESOR IS NO

LONGER SO.
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 DESTRUCTION, LOSS OR
WITHDRAWAL FROM COMMERCE
Article 1189

It is understood that the thing is lost when it perishes, or goes out of

commerce, or disappears in such a way that its existence is unknown
or it cannot be recovered;
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 example
▣ARAGON VS INSULAR
▣Eminent Domain

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 POSSESSION OF ANOTHER
FOR MORE THAN ONE YEAR
Possession de Facto vs. Possession de Jure

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After one year, the former possessor can no longer
bring the actions of Forcible entry.

Possession by violence, stealth and intimidation, for

more than one year shall cause the loss of
possession.
(Rules of Court, Rule 70 sec. 1)
.
If a person loses possession for more
than 10 years, he loses possession de
jure or the real right of a possessor.
RECOVERY BY LAWFUL OWNER
Possession may also be lost when it is recovered by the
lawful owner in an Accion Reinvindicatoria or action as
to better right of possession.

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 “
Article 556.
The possession of movables is not deemed
lost so long as they remain under the
control of the possessor, even though for
the time being he may not know their
whereabouts.

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 When control of movable ceases
▣ POSSESSION OF A 3RD
PERSON. ▣ POSSESSOR HAS ▣ EVEN IF KNOWN, THEY
COMPLETELY NO IDEA CANNOT BE
OF THEIR RECOVERED. BOTH AS
WHEREABOUTS MATTER OF FACT OR
LAW.

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 Control of movables not lost
▣ Possession is not lost by the mere fact that the possessor
does not know for the time being the precise
whereabouts of a specific movable when he has not
given up all hope of finding.
▣ The possessor in this case, has not lost the legal right to
the object. And retains juridical control of the thing
which remains in his patrimony.

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 “
Article 557.
The possession of immovables and of real rights
is not deemed lost, or transferred for purposes of
prescription to the prejudice of third persons,
except in accordance with the provisions of the
Mortgage Law and the Land Registration laws.

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▣ Under Article 1142 of the Civil Code, a
mortgage action prescribes after 10
years. Jurisprudence, however, has
clarified this rule by holding that a
mortgage action prescribes after 10
years from the time the right of action
accrued, which is obviously not the
same as the date of the mortgage
contract
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▣ Ordinary Acquisition
- 10 years in Good Faith and Just
Title
▣ Extraordinary Acquisition
- 30 years without title and bad
faith.
 “
Article 558.
Acts relating to possession, executed or
agreed to by one who possesses a thing
belonging to another as a mere holder to
enjoy or keep it, in any character, do not bind
or prejudice the owner, unless he gave said
holder express authority to do such acts, or
ratifies them subsequently.

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 when can a possessor as a concept of owner cannot be
bound by the acts of a mere holder.
Article 1317. No one may contract in the name of another without being
authorized by the latter, or unless he has by law a right to represent him.
A contract entered into in the name of another by one who has no authority or
legal representation, or who has acted beyond his powers, shall be
unenforceable, unless it is ratified, expressly or impliedly, by the person on
whose behalf it has been executed, before it is revoked by the other
contracting party.

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 “
Article 559.
The possession of movable property acquired in
good faith is equivalent to a title. Nevertheless,
one who has lost any movable or has been
unlawfully deprived thereof, may recover it from
the person in possession of the same.

▣.
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 “
If the possessor of a movable lost or which the
owner has been unlawfully deprived, has acquired
it in good ssion
faith at a public sale, the owner cannot
obtain its return without reimbursing the price paid
therefo

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 Possession of a specific or
determinate thing
If the possession is acquired in bad faith, no right thereto is
acquired by the possessor. The property may be recovered
by the lawful owner without reimbursement.

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 Doctrine of irrevindicability
Possession in good faith of a movable is presumed
ownership and is equivalent to title.

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Owner or possessor has lost or has been
unlawfully deprived of the movable

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While actual possession of personal property is equivalent to
title thereto, so long as there is no proof is offered that the
same was acquired in bad faith, an owner who has lost
possession of his movable property or was unlawfully
deprived of its possession can still enforce his right to recover
w/ out reimbursement against the actual possessor.

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 UNLAWFUL DEPRIVATION
▣All cases that constitute a criminal
offense, such as theft, robbery , estafa
and etc.

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 NECESSITY OF PROOF
It is however, necessary in order that the owner of the
chattel may contest the apparent the title of the possessor
that he present adequate proof of the loss or illegal
deprivation.

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 EFFECT OF FILING OF A
CRIMINAL CASE
Possessor in good faith has the right to be
respected of his possession.

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EFFECT OF non-payment of price
by the transferor
Where the owner voluntary parted with the
possession of a thing and ther eis no showing of
loss or unlawful deprivation, the owner cannot
recover.
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 Where the property was acquired
at a public sale
Public Sale
One where there has been a public notice of sale in which
anyone is allowed to bid for the object he desires to buy.

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When owner cannot recover
As a fundamental doctrine
of law that no one can give what he has not. Sale is a derivative
mode of acquiring ownership and the vendee gets only such
rights as the vendor had

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 When owner cannot recover
▣ (a) Where the owner of the movable is, by his conduct,
▣ precluded from denying the seller’s authority to sell;
▣ (b) Where the law8 enables the apparent owner to dispose of the movable as if he were
the true owner thereof;
▣ (c) Where the sale is sanctioned by statutory or judicial
▣ authority;
▣ (d) Where the sale is made at merchant’s stores, fairs or
▣ markets (Art. 1505.);
▣ (e) Where the seller has a voidable title which has not

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▣ been avoided at the time of the sale to the buyer in good faith
▣ for value and without notice of the seller’s defect of title (Art.
▣ 1506.);
▣ (f) Where recovery is no longer possible because of prescription (Art. 1132.);
and
▣ (g) Where the possessor becomes the owner of the thing
▣ in accordance with the principle of finder’s keeper

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 “
Article 560.
Wild animals are possessed only while they are
under one's control; domesticated or tamed
animals are considered domestic or tame if they
retain the habit of returning to the premises of the
possessor.

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 Types of animals under the law
▣ WILD ▣ DOMESTIC AND
▣ DOMESTICATED OR
TAME
TAMED

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▣ Under Art. 713 Wild Animals may be the the object

Possessed when put under

one’s control. However,
possession of wild animals can
be lost when they regain their
freedom or come under once
control,

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 “
Article 561.
One who recovers, according to law,
possession unjustly lost, shall be deemed
for all purposes which may redound to
his benefit, to have enjoyed it without
interruption.

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 APPLIES BOTH TO GOOD FAITH AD BAD FAITH
▣ GOOD FAITH

- Deemed to be in continuous possession for purposes of

prescription.

 BAD FAITH
- Possessor in Bad faith not liable for the fruits he recovered.

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