September 6, 2013 Property Codal CHAPTER 2 Acquisition of Possession Article 531.

Possession is acquired: - by the material occupation of a thin or the e!ercise of a ri ht, - or by the fact that it is sub"ect to the action of our #ill, - or by the proper acts and le al formalities established for acquirin such ri ht$ %&3'a(

Article 537. 4cts merely tolerated, and those executed clandestinely and without the nowledge of the possessor of a thin , or by )iolence, !O NOT A""ECT possession$ %&&&(

Article 532. Possession may be acquired: - by the same person #ho is to en"oy it, - by his le al representati)e, by his a ent, or - by any person #ithout any po#er #hate)er: but in the last case, the possession shall not be considered as acquired until the person in #hose name the act of possession #as e!ecuted has ratified the same, #ithout pre"udice to the "uridical consequences of negotiorum gestio in a proper case$ %&3*a(

Article 538. %Conflicts bet#een se)eral claimants( Possession as a fact CANNOT be reco ni5ed at the same time in t#o different personalities E#CE$T in the cases of co-possession$ Should a question arise re ardin 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 thin shall be placed in judicial deposit pendin determination of its possession or o#nership throu h proper proceedin s$ %&&6(

Article 533. %succession mortis causa( +he possession of hereditary property is deemed transmitted to the heir #ithout interruption and from the moment of the death of the decedent, in case the inheritance is accepted$ ,ne #ho validly renounces an inheritance is deemed never to have possessed the same$ %&&0(

CHAPTER 3 Effects of Possession Article 539. 7)ery 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 by the means established by the la#s and the 8ules of Court$ 4 possessor depri)ed of his possession throu h forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession$ +he court shall decide the motion within thirty %&'( days from the filin thereof$ %&&6a(

Article 534. ,n who succeeds by hereditary title shall -,+ suffer the consequences of the #ron ful possession of the decedent, if it is -,+ sho#n that he #as a#are of the fla#s affectin it. /0+ the effects of possession in ood faith shall NOT benefit him except from the date of death of the decedent$ %&&2(

Article 535. 1inors and incapacitated persons may acquire the possession of thin s. but they need the assistance of their legal representatives in order to e!ercise the ri hts #hich from the possession arise in their fa)or$ %&&3 Article 536. 2n NO CASE, may possession be acquired throu h force or intimidation, as lon as there is a possessor #ho ob"ects thereto$ 3e #ho belie)es that he has an action or a ri ht to depri)e another of the holdin of a thin , must invo e the aid of the competent court, if the holder should refuse to deli)er the thin $ %&&1a(

Article 540. ,nly the possession acquired and en)oyed in the conce t of o!ner can serve as a title for acquirin dominion$ %&&9(

Article 541. 4 possessor in the conce t of o!ner has in his fa)our the legal presumption that he possesses with a )ust title and he C4--,+ be obli ed to sho# or pro)e it$ %&&'a(

Article 542. +he possession of real property* presumes that of the movables therein, so lon as it is not sho#n or pro)ed that they should be e!cluded$ %&&*(

Article 543. 7ach one of the participants of a thin possessed in common shall be deemed to ha)e exclusively possessed the part #hich may be allotted to him upon the di)ision thereof, for the entire period durin #hich the co-possession lasted$ +nterruption in the possession of the #hole ,8 a part of a thin possessed in common shall be to the pre)udice of all the possessors$ 3o#e)er, in case of civil interruption, the 8ules of Court shall apply$ %&60a(

Article 547. 2f the useful improvements can be remo)ed without damage to the principal thin , the possessor in ood faith may remove them, ,N-ESS the erson !$o reco)ers t$e ossession exercises the option under para raph 2 of the precedin article %666($ %n( Article 548$ E( enses for ure lu(ur' or +ere le"sure shall NOT be refunded to the possessor in ood faith. /0+ he may remove the ornaments #ith #hich he has embellished the principal thin ...if it suffers no in"ury thereby, and $$$ if his successor in t$e ossession does -,+ prefer to refund the amount e!pended$ %&6&(

Article 544. A possessor in good faith is entitled to the fruits recei)ed before the possession is le ally interrupted$ Natural and industrial fruits are considered recei)ed from the time they are gathered or severed$ Civil fruits are deemed to accrue daily and belong to the possessor in ood faith in that proportion$

Article 545. 2f at the time the good faith ceases, there should be any n"tur"l or in#ustri"l fruits, the possessor shall ha)e a ri ht: to a part of the expenses of cultivation, and to a part of the net harvest, both in proportion to the time of the possession$ +he c$"r%es shall be di)ided on the same basis by the t#o possessors$ +he o!ner of t$e t$in% may, should he so desire, i)e the possessor in ood faith the ri%$t to finish the cultivation and gathering of the growing fruits, as an 2-:71-2+; for his part of the e!penses of culti)ation and the net proceeds. the ossessor in %oo# f"it$ #ho for any reason #hate)er should refuse to accept this concession, shall lose the ri ht to be indemnified in any other manner$ %&62a(

Article 546. &ecess"r' e( enses shall be refunded to e)er' ossessor. but only the possessor in good faith may retain the thin 0-+2<, he has been reimbursed therefor$ *seful e( enses shall be refunded only to the possessor in good faith #ith the same ri ht of retention, the person who has defeated him in the possession ha)in the option of refunding the amount of the expenses or of paying the increase in value #hich the thin may ha)e acquired by reason thereof$ %&63a(

Article 549. +he possessor in bad faith shall reimburse the fruits recei)ed and those #hich the le itimate possessor could ha)e recei)ed, and shall have a right only to the e!penses mentioned in para raph 1 of "rticle 546 and in "rticle 443$ +he e!penses incurred in i+ ro)e+ents for ure lu(ur' or +ere le"sure shall -,+ be refunded to the possessor in bad faith, /0+ he may remove the ob"ects for #hich such e!penses ha)e been incurred, $/O0+!E! that the thing suffers no in)ury thereby, and that the lawful possessor does not prefer to retain them by payin the )alue they may ha)e at the time he enters into possession$ %&&6a( Article 550. +he costs of litigation o)er the property shall be borne by every possessor$ %Exclude prevailing party1possessor. 2ecause the
litigation is necessary to maintain his possession.(

Article 556. +he possession of movables is -,+ deemed <,S+ so long as they remain under the control of the possessor, even though for the time bein he may not =no# their #hereabouts$ %&61(
%provided that the possessor has not given up in finding the thing i.e. a lost ring or earring(

Article 557. +he possession of immovables and of real rights is -,+ deemed <,S+, or +84-S>7887: for purposes of prescription to the pre)udice of third persons, 7?C7P+ in accordance #ith the pro)isions of the 1ort a e <a# and the <and 8e istration la#s$ %&62a( %&rd persons will be pre)udiced in the above exceptions because in registration
of real rights* it is binding to the whole world(

Article 551. 2mpro)ements caused by nature or time shall al#ays inure to the benefit of the person #ho has succeeded in reco)erin possession$
%natural accession. 2ecause the former possessor benefited from his former possession$(

Article 558. 4cts relatin to possession, e!ecuted or a reed to by one who possesses a thing belonging to another as a mere holder to en)oy or eep it* in any character, do -,+ bind or pre"udice the o#ner, unless he a)e said holder express authority to do such acts, or ratifies them subsequently$ %&63( Article 559. +he possession of movable property acquired in good faith is equivalent to a title. %doctrine of irrevindicability...but merely a
presumption( %Exceptions(

Article 552. 4 possessor in good faith shall -,+ be liable for the deterioration or loss of the thing possessed, e!cept in cases in #hich it is proved that he has acted #ith fraudulent intent or ne li ence, after the "udicial summons$ 4 possessor in bad faith shall be liable for deterioration or loss in every case, e)en if caused by a fortuitous e)ent$ Article 553. ,ne #ho reco)ers possession shall -,+ be obli ed to pay for improvements which have ceased to exist at the time he ta=es possession of the thin $ %&6'(
%but he is still liable to pay for necessary e!penses since they are not impro)ements(

-e)ertheless, one #ho has lost any movable or has been unlawfully deprived thereof, may reco)er it from the person in possession of the same$ %#ithout reimbursement(
%Exceptions(

Article 554. 4 present possessor #ho sho#s his possession at some pre)ious time, is presumed to ha)e held possession also durin the intermediate period, in the absence of proof to the contrary$ %&6*(
%presumption of continuous and uninterrupted possession($

2f the possessor of a mo)able lost or #hich the o#ner has been unla#fully depri)ed, has acquired it in good faith at a public sale, the o#ner CANNOT obtain its return without reimbursing the price paid therefor$ %&6&a(

Article 555. 4 possessor may <,S7 his possession: %1( /y the ","n#on+ent of the thin . %voluntary renunciation by the owner* with no intent to recover* effect is res nullus( %2( /y an "ssi%n+ent made to another either by onerous or ratuitous title.%any lawful transfer through sale or donation( %3( /y the #estruction or tot"l loss of t$e t$in%, or because it %oes out of co++erce. %&( /y t$e ossession of "not$er, sub"ect to the pro)isions of article 639, if the ne# possession has lasted longer than one year % de facto possession$ action for forcible entry or unlawful detainer has lapsed ...accion interdictal( /ut the real right of possession is not lost till after the lapse of ten years$ %accion reinvidicatoria... ownership(

Article 560. 3ild animals are possessed only #hile they are under one4s control. domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor$ %i.e. having lost the instinct not to roam freely ( Article 561. ,ne #ho reco)ers, according to law, possession un"ustly lost, shall be deemed for all purposes #hich may redound to his benefit, to have en)oyed it without interruption$ %&66(