Photo from Pexels | Barnabas Davoti

This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

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.

How is Possession Acquired?

Article 531 of the Civil Code states that 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.

Who may Acquire Possession?

Under Article 532 of the Civil Code, possession may also 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. 

Transmission of Possession by Succession

Article 533 of the Civil Code provides that 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

In case of a person who succeeds by hereditary title, he 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 death of the decedent. (Article 534, Civil Code)

Possession by Minors and Incapacitated Persons

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. (Article 535, Civil Code)

Possession Cannot be Acquired through Force

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. (Article 536, Civil Code)

Acts Merely Tolerated Do Not Affect Possession

Under Article 537 of the Civil Code, acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession.

Can Possession Be Recognized at the Same Time in Two Different Personalities?

The law says: No. 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. This is provided for under Article 538 of the Civil Code.

Illustration

Shaun left for Illinois, leaving behind thirty-four (34) mango trees in the Philippines. The property was enclosed by a fence, During Shaun’s absence, several of his mangoes ripened and fell from the trees without being gathered. 

Observing this,  Andre, Shaun’s neighbor, voluntarily entered the property and harvested the ripened fruits. However, in order to gain entry to the property, Andre destroyed portions of the fence. Thereafter, and while Shaun remained abroad, Andre took it upon himself to manage the mango trees.

The question is: Did Andre acquire possession of the thirty-four (34) mango trees?

The answer depends on the circumstances in which Andree took possession of the mango trees. 

1. If Andre was able to communicate with Shaun and the latter ratified Andre’s acts and authorized him to manage the mango trees, then Andre may be considered to have acquired possession, in the concept of a holder or administrator, and not that of an owner, since his possession would be by tolerance or authority of the owner, pursuant to Article 537 of the Civil Code.
2. However, under Article 536 of the Civil Code, if Shaun objected to Andre’s acts and did not ratify either the entry into the property or the destruction of the fence, then Andre’s occupation would be unlawful. In such a case, Andre would be a possessor in bad faith, having taken possession through force.  Hence, under the law, Shaun remains the lawful possessor.
3. On the other hand, if Shaun has decided to permanently reside in Illinois and decided to sell the land where the 34 mangoes were planted to Andre and the latter agreed, Andre now becomes in possession of the land and the thirty-four (34) mangoes in the concept of an owner after Andre paid the price agreed upon. 

Related Article: WHAT IS POSSESSION?

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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