POSSESSION
Art. 553 - 561
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Art. 553.
One who recovers possession shall not be obliged to
pay for improvements which have ceased to exist at
the time he takes possession of the thing.
Art. 554.
A present possessor who shows his possession at
some previous time, is presumed to have held
possession also during the intermediate period, in the
absence of proof to the contrary.
Example:
If in 1951, A possessed the land which he NOW
possesses, it is disputably presumed that he has
been in continuous possession from 1951 up to now.
Art. 555. A possessor may lose his possession:
(a) Thru the Possessor’s Voluntary Will and Intent
Abandonment.
Assignment (onerous or gratuitous conveyance).
Art. 555. A possessor may lose his possession:
(b) Against the Possessor’s Will
possession of another for more than one year.
final judgment in favor of another (with a better right).
expropriation.
prescription in favor of another.
recovery or reivindication by the legitimate owner or possessor.
Art. 555. A possessor may lose his possession:
(c) Because of the Object
destruction or total loss of the thing.
going out of commerce.
escaping from possessor’s control of wild animals. (Art.560)
Art. 556.
The possession of movables is not deemed lost so
long as they remain under the control of the
possessor, even though for the time being he may
not know their whereabouts.
Art. 557.
The possession of immovables and of real rights is
not deemed lost, or transferred for purposes of
prescription to the prejudice of third persons, except
in accordance with the provisions of the Mortgage
Law and the Land Registration Laws.
Example:
I bought a parcel of land (without a Torrens Title) and
registered the deed of sale in the Registry of Property. If I
leave my land and another possesses the same for the
required period, I have lost my possession and ownership over
the same, insofar as the occupier is concerned, but not insofar
as other people (strangers) are concerned. For said strangers,
relying on the Registry, are still privileged to consider me
possessor and owner.
Art. 558.
Acts relating to possession, executed or agreed to by
one who possesses a thing belonging to another as a
mere holder to enjoy or keep it, in any character, do
not bind or prejudice the owner, unless he gave said
holder express authority to do such acts, or ratifies
them subsequently.
Art. 559
When Possession of a Movable is Equivalent to Title
BAD FAITH is never equivalent to title
D is equivalent to a title — as a general rule.
GOOD FAITH
is NOT equivalent to title when the owner
had LOST it or had been UNLAWFULLY
DEPRIVED of it.
Art. 559
When Possession of a Movable is Equivalent to Title
the possessor had acquired it in good faith at a
GOOD FAITH “public sale” the owner, must, if he desires to
get it back, still reimburse the possessor.
Example 1:
If I am in possession of a Rolls Royce automobile, having
acquired it in good faith from the seller (who thought he owned
it), I am considered entitled to said automobile, with an actual
title that can be defeated only by the true owner. The true
owner can get the car back only if he will reimburse me the
price I had paid for the car.
Example 2:
I purchased in good faith a stolen automobile. The owner now
wants to get it back, but does not want to reimburse me the
price I had paid. Will the owner prevail?
Example 3:
I purchased in good faith at an auction sale a stolen
automobile. Can the owner get it back without reimbursing me
for the price I paid?
Art. 560.
Wild animals are possessed only while they are
under one’s control; domesticated or tamed animals
are considered domestic or tame, if they retain the
habit of returning to the premises of the possessor.
Art. 561.
One who recovers, according to law, possession
unjustly lost, shall be deemed for all purposes which
may redound to his benefi t, to have enjoyed it
without interruption.
Example:
If on Mar. 1, 2002 I bought a diamond ring, and the ring was
subsequently stolen Apr. 1, 2002 but I was able to lawfully
recover it on May 1, 2003, then I am supposed to have
possessed the ring continuously from Mar. 1, 2002 up to now,
for all purposes that may redound to my benefi t (as in the
case of acquisitive prescription).
USUFRUCT
is the right to enjoy the
property of another, with
the obligation of preserving
its form and substance,
unless the title constituting
it or the law provides
otherwise.
Art. 562
Usus (to use) Fructus (fruit)
The combination of (jus utendi
and fruendi) is called USUFRUCT
(from the term “usufructus”).
Characteristics or Elements of Usufruct:
(a) ESSENTIAL characteristics - the real, temporary right to
enjoy another’s property.
(b) NATURAL characteristic - the obligation to preserve its
form or substance.
(c) ACCIDENTAL characteristics -
Characteristic or Elements of Usufruct:
(c) ACCIDENTAL characteristics
Examples:
1) whether it be a pure or a conditional usufruct;
2) the number of years it will exist;
3) whether it is in favor of one person or several, etc.
Art. 563.
Usufruct is constituted by law, by the will of private
persons expressed in acts inter vivos or in a last will
and testament, and by prescription.
Classification of Usufruct as to
ORIGIN
(a) LEGAL (created by law).
(b) VOLUNTARY (or CONVENTIONAL)
Created by will of the parties INTER VIVOS (as by contract or donation).
Created MORTIS CAUSA (as in last will and testament).
(c) MIXED (or PRESCRIPTIVE)
Created by both law and act of a person
Art. 564.
Usufruct may be constituted on the whole or a part of
the fruits of the thing, in favor of one or more persons,
simultaneously or successively, and in every case
from or to a certain day, purely or conditionally. It may
also be constituted on a right, provided it is not strictly
personal or intransmissible.
Classifications of Usufruct
1.)
as to fruits — total or partial
as to object — universal or singular or particular
2.) Simple or Multiple
3.) usufruct over RIGHTS or usufruct over THINGS
4.) Pure or With a term or With a condition
Art. 565.
The rights and obligations of the usufructuary shall be
those provided in the title constituting the usufruct; in
default of such title, or in case it is deficient, the
provisions contained in the two following Chapters
shall be observed.
Rights of the Usufructuary to the Fruits
Art. 566.
The usufructuary shall be entitled to all the natural,
industrial and civil fruits of the property in usufruct.
With respect to hidden treasure which may be found
on the land or tenement, he shall be considered a
stranger.
Art. 567.
Natural or industrial fruits growing at the time the usufruct begins,
belong to the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has
no obligation to refund to the owner any expenses incurred; but the owner
shall be obliged to reimburse at the termination of the usufruct, from the
proceeds of the growing fruits, the ordinary expenses of cultivation, for seed,
and other similar expenses incurred by the usufructuary.
The provisions of this article shall not prejudice the rights of third persons,
acquired either at the beginning or at the termination of the usufruct.
Thank You!
By: Regine Nichole C. Tigley
