Concept, as contemplated in the provision, does not mean the opinion,
attitude or belief of the possessor but of others, generally formed in view of
the circumstances which precede and accompany the possession.
TWO
CONCEPTS OF POSSESSION:
1.
Possession in the concept of
owner
-
takes place when the possessor
of a thing or right, by his actions, is considered or is believed by other
people as the owner, regardless of the good or bad faith of the possessor
-
It is possession under a claim
of ownership or title (en concepto de
dueño) by one who is the owner himself or one who is not the owner but
claims to be and acts as the owner
2.
Possession in the concept of
holder
-
This takes place when the
possessor of a thing or right holds it merely to keep or enjoy it, the
ownership pertaining to another person
-
It is possession not under a
claim of ownership (or not in the concept of owner), the possessor
acknowledging in another a superior right which he believes to be of ownership,
whether this be true or not or his belief be right or wrong
·
It is possible that a person
may exercise possession both in the concept of owner and in the concept of
holder
·
The agent, parent, guardian,
administrator, and other legal representatives possess neither in the concept
of owner nor in the concept of holder. They possess in the name of another
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