Art. 523. Possession is the holding of a thing or the enjoyment of a right. (430a)

VIEWPOINTS OF POSSESSION

1. Right to possession or jus possidendi—possession de facto; incident of ownership
2. Right of possession or jus possessions—possession de jure; independent of ownership

DEGREES OF POSSESSION

1. Mere holding or having without any right whatsoever— grammatical degree
2. Possession with juridical title—juridical possession

3. Possession with just title but not from the real owner—real possessory right
4. Possession with title of dominium, with a just title from the owner

REQUISITES OR ELEMENTS OF POSSESSION

1. There must be holding or control of a thing or right
2. There must be a deliberate intention to possess or animus possidendi
3. The possession must be by virtue of one’s own right

CLASSES OF POSSESSION

1. In one’s own name or in that of another
2. In the concept of owner or concept of holder
3. In good faith or in bad faith

OWNERSHIP IS DIFFERENT FROM POSSESSION

 A person may be declared the owner but he may not be entitled to possession
 A judgment for ownership doesn't necessarily include possession as a necessary incident

Art. 524. Possession may be exercised in one's own name or in that of another. (413a)

POSSESSION IN ANOTHER’S NAME

1. Voluntary—agent possesses for his principal
2. Involuntary—as when a mother possesses for a child in a maternal womb
3. Unauthorized—will become principal’s possession only after there has been ratification without prejudice to the effects of
negotiorum gestio

Art. 525. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. (432)

CONCEPT OF OWNER

 Other people believe through my actions, that I am the owner of the property
 Considered in the opinion of others as owner
 Regardless of good faith or bad faith
 Contrary to concept of holder wherein I recognize another to be the owner of the property

Art. 526. He is 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. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult question of law may be the basis of good faith. (433a)

MISTAKE ON A DOUBTFUL QUESTION OF LAW

 It is true that ignorance of the law excuses no one but error in the application of the law, in the legal solutions arising from such application, and the interpretation of doubtful doctrine can still make a person a transgressor, possessor, violator in good faith

Art. 527. Good faith is always presumed, and upon him who allegesbad faith on the part of a possessor rests the burden of proof.(434)

Art. 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. (435a)

WHEN IS POSSESSION IN GOOD FAITH CONVERTED TO POSSESSION IN BAD FAITH?

1. From the moment facts exist showing the possessor’s knowledge of the flaw, from that time he should be considered as a possessor in bad faith
2. It doesn't matter whether the facts were caused by him or by some other person

WHEN BAD FAITH BEGINS

 Judicial summons
 Even before such time as when a letter is received from the true owner asking the possessor to stop

Art. 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (436)

PRESUMPTIONS REGARDING POSSESSION

1. Good faith
2. Continuity of the character of good faith
3. Non-interruption of possession
4. Presumption of just title
5. Non-interruption of possession of property unjustly lost but legally recovered
6. Possession during intervening period
7. Possession of movables with real property
8. Exclusive possession of common property

Art. 530. Only things and rights which are susceptible of being appropriated may be the object of possession. (437)

ACQUISITION OF POSSESSION

Art. 531. Possession is acquired by the material occupation of a thing or the exercise of a right, or by the fact that it is subject to the action of our will, or by the proper acts and legal formalities established for acquiring such right. (438a)

HOW IS POSSESSION ACQUIRED?

1. By material occupation
2. By subjection to our will
3. By constructive possession or proper acts and legal formalities
     a. Constititom possessorium exists when a person who possessed property as an owner now possesses it in
some other capacity other than owner
     b. Traditio brevi manu is the opposite of constitutom possessorium
     c. Traditio longa manu is delivery by consent or mere ointing
     d. Traditio symbolica

ESSENTIAL REQUIREMENTS FOR POSSESSION

1. The corpus
2. The animus

CONSTRUCTIVE POSSESSION OF LAND

 If an entire parcel is possessed under claim of ownership, there is constructive possession of the entire parcel unless a portion thereof is adversely possessed by another

Art. 532. Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. (439a)

NEGOTIORUM GESTIO

 Whoever voluntarily takes charge of the agency or management of the business or property of another, without any power from the latter, is obliged to continue the same until the termination of the affair and its incidents, or to require the person concerned to substitute him, if the owner is in a position to do so. This juridical relation does not arise in either of these instances:
1. When the property or business is not neglected or abandoned;
2. If in fact the manager has been tacitly authorized by the owner.

 In the first case, the provisions of Articles 1317, 1403, No. 1, and 1404 regarding unauthorized contracts shall govern.
 In the second case, the rules on agency in Title X of this Book shall be applicable. (1888a)

Art. 533. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent, in case the inheritance is accepted. One who validly renounces an inheritance is deemed never to have possessed the same. (440)

TIMES OF ACQUISITION OF POSSESSION

1. If heir accepts—from the moment of death since there is no interruption
2. If heir refuses—he is deemed never to have possessed the same

Art. 534. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent, if it is not shown that he was aware of the flaws affecting it; but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. (442)

EFFECTS OF ACQUISITION OF POSSESSION THROUGH SUCCESSION

 If the father was in bad faith, it doesn't mean that the son is also in bad faith

Art. 535. Minors and incapacitated persons may acquire the possession of things; but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor. (443)

NATURE OF THEIR POSSESSION

 Possession by them is allowed only in those matters where they have capacity to act and not possession where juridical acts are imperative

Art. 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. (441a)

POSSESSION MAY NOT BE ACQUIRED THROUGH THE FOLLOWING

1. Force and intimidation
2. By mere tolerance
3. Clandestine and secret possession

Art. 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. (444)

Art. 538. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (445)

Art. 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)

Art. 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.
The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)

Art. 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription. (n)

Art. 1123. Civil interruption is produced by judicial summons to the possessor. (1945a)

IT IS POSSIBLE FOR CURRENT POSSESSOR TO ADD TIME TO POSSESSION OF PREDECESSOR IF there is privity between them. This procedure is called TACKING.