Articles 523 - 527

POSSESSION : 1.) The holding of the thing; 2.) The possession of the right

A FACT : because it exists

A RIGHT: because of the consequences that follow

1.) Right TO Possession (jus possidendi) - a right or incident of ownership.

2.) Right OF Possession (jus possessionis) - right independent of ownership

1.) Mere holding or having, without any right whatsoever (the grammatical degree) E.g. Possession of a thief or a usurper of land Both the possessor and public know that the possession is wrongful.

2.) Possession with a juridical title, but not that of an owner (juridical possession) E.g possession by a tenant Possession is peaceable acquired Possession will not ripen into ownership

3.) Possession with a just title, but not from the true owner (real possessory right) E.g. Possession of a vendee from a vendor who pretends to be an owner. Possession ripens into ownership through prescription.

4.) Possession with a title of dominium. The possession that springs from ownership.

a.) There must be a holding or control of thing or right (corpus possessionis) b.) The is a deliberate intention to possess (animus possidendi). c.)Possession is by virtue of ones own right.

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 (Ramos v. Director of Lans, 39 Phil. 175) It is, however, essential in constructive possession that the property be not in the adverse possession of another (Sarmiento v. Lesaca, L-15383, 30 June 1960)

a.) Ones own name or that of another b.) Concept of owner or Concept of holder c.) In good faith or bad faith

Possession may be exercised in ones own name or in that of another.

a.) Voluntary when an agent possesses for the principal.

b.) Necessary when a mother possesses for a child still in the maternal womb.
c.) Unauthorized negotiorum gestio

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

Concept of owner other people believe through my actions, that I am the owner of the property, hence considered in the opinion of others as owner. (The possession that may ripen into ownership) Concept of holder I recognize another to be the owner. (tenant, usufructuary, depositary, bailee in commodatum)

Possessor in good faith he who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. Possessor in bad faith he 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.

Good faith is always presumed and upon him who alleges bad faith on the part of a possessor rests the burden of proof.

Every person should be presumed honest till the contrary is proved

Therefore: If there is no evidence is presented proving bad faith, the presumption of good faith remains. (Sideco v. Pascua, 13 Phil 342)