ARTICLE 523

DEFINITION: possession is the holding of a thing or the enjoyment of a right with the intention to possess in one’s own right

ETYMOLOGY: “pos sedere” – to be settled

·         Possession is really a fact (since it exists); but from the moment it exists, certain consequences follow, thus making possession also a right.

NATURE OF POSSESSION

1.       As an act

-          It is simply the holding of a thing or the enjoyment of a right with the intention to possess in one’s own right.

2.       As a fact

-          The fact of possession gives rise to certain rights and presumptions. Thus, a possessor has a right to be respected in his possession, and should he be disturbed therein, he shall be protected in or restored to said possession

-          A possessor has in his favor the presumption that his possession is lawful — that he is the owner or has been given the right of possession by the owner. He who would disturb a possessor must show either ownership or a better possessory right.

-          Possession is not a definitive proof of ownership nor is non-possession inconsistent therewith. However, it may create ownership either by occupation or by acquisitive prescription

3.       As a right

-          It refers to the right of a person to that holding or enjoyment to the exclusion of all others having better right than the possessor

(a)    Right TO possession (jus possidendi)

-          A right or incident of ownership

(b)   Right OF possession (jus possessionis)

-          An independent right of itself, independent of ownership

RELATIONS CREATED BY POSSESSION

1.       The possessor’s relation to the property itself

-          assumes that the possessor exercises some degree of control more or less effective over the object

2.       The possessor’s relation to the world

-          Aside from the power of control over the object, the possessor must also have the ability to exclude others from his possession.

DEGREES OF POSSESSION

(a)    Grammatical degree

-          Mere holding or having, without any right whatsoever

(b)   Juridical possession

-          Possession with a juridical title, but not that of an owner

(c)    Real possessory right

-          Possession with a just title, but not from the true owner

(d)   Ownership

-          Possession with a title of dominium, that is, with a just title from the owner.

-          Possession that springs from ownership

REQUISITES OR ELEMENTS OF POSSESSION

1.       There must be a holding or control of a thing or a right

-          Holding or detention may be either actual or constructive occupation.

-          Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession.

-          It is, however, essential in constructive possession that the property be not in the adverse possession of another.

2.       There must be a deliberate intention to possess (animus possidendi)

3.       The possession must be by virtue of one’s own right

EXTENT OF POSSESSION

1.       Actual possession

-          occupancy in fact of the whole or at least substantially the whole.

-          to possess means to actually and physically occupy a thing with or without a right.

2.       Constructive possession

-          occupancy of part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole

DOCTRINE OF CONSTRUCTIVE POSSESSION

·         Possession in the eyes of the law does not mean that a man has to have his feet on every square meter of ground before it can be said that he is in possession

·         GR: Possession and cultivation of a portion of a tract of land under claim of ownership of all is constructive possession of all

·         There are qualifications to this rule, and one of them is that relating to the size of the tract in controversy with reference to the portion actually in possession of the claimant.

(a)    Mere planting of a sign or symbol of possession cannot justify a Magellan-like claim of dominion over an immense tract of territory

(b)   Neither does mere cultivation of a land constitute possession under a claim of ownership

(c)    mere fact of declaring uncultivated land for taxation purposes and visiting it every once in a while has been held not to constitute acts of possession

(d)   The doctrine does not also apply where the possession is wrongful or the part allegedly constructively possessed is in the adverse possession of another.

CLASSES OF POSSESSION

(a)    In one’s own name or in that of another

(b)   In the concept of owner (en conception de dueno) and in the concept of holder

(c)    In good faith (bona fide) or in bad faith (mala fide)

OWNERSHIP V. POSSESSION

OWNERSHIP	POSSESSION
(a)    There is ownership when a thing pertaining to one person is completely subjected to his will in a manner not prohibited by law and consistent with the rights of others. (b)   Ownership confers certain rights to the owner, among which are the right to enjoy the thing owned and the right to exclude other persons from possession thereof.	(a)    Possession is defined as the holding of a thing or the enjoyment of a right. (b)   Possession may be had in one of two ways: possession in the concept of an owner and possession of a holder. A person may be declared owner but he may not be entitled to possession.