F. Possession

8. Possession

a. Definition b. Classification of Possession i. Possession exercised in one’s own name or in the name of another ii. Possession in concept of owner and possession in concept of holder iii. Possession in good faith or bad faith c. Effects of Possession i. Nature of possession required for acquisitive prescription ii. Presumption of just title iii. Right to the fruits iv. Right to Necessary Expenses, Useful Expenses and Luxurious Expenses v. Effect of limited right of removal on the right to useful and luxurious improvements vi. Possession equivalent to title d. Loss of Possession

F. Possession (Civil Code, arts. 523-561)

Possession (Civil Code, arts. 523-561)

POSSESSION

CHAPTER 1

Possession and the Kinds Thereof

Article 523. Possession is the holding of a thing or the enjoyment of a right. (430a)

Article 524. Possession may be exercised in one's own name or in that of another. (413a)

Article 525. The possession of things or rights may be had in one of two concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the ownership pertaining to another person. (432)

Article 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.

He is deemed a possessor in bad faith 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. (433a)

Article 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof. (434)

Article 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully. (435a)

Article 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (436)

Article 530. Only things and rights which are susceptible of being appropriated may be the object of possession. (437)

CHAPTER 2

Acquisition of Possession

Article 531. 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. (438a)

Article 532. Possession may 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. (439a)

Article 533. 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. (440)

Article 534. One who succeeds by hereditary title 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. (442)

Article 535. 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. (443)

Article 536. 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. (441a)

Article 537. Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. (444)

Article 538. 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. (445)

CHAPTER 3

Effects of Possession

Article 539. Every 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 laws and the Rules of Court.

A possessor deprived of his possession through 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. The court shall decide the motion within thirty (30) days from the filing thereof. (446a)

Article 540. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. (447)

Article 541. A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. (448a)

Article 542. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. (449)

Article 543. Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof, for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. However, in case of civil interruption, the Rules of Court shall apply. (450a)

Article 544. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted.

Natural and industrial fruits are considered received from the time they are gathered or severed.

Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (451)

Article 545. If at the time the good faith ceases, there should be any natural or industrial fruits, the possessor shall have a right 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.

The charges shall be divided on the same basis by the two possessors.

The owner of the thing may, should he so desire, give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits, as an indemnity for his part of the expenses of cultivation and the net proceeds; the possessor in good faith who for any reason whatever should refuse to accept this concession, shall lose the right to be indemnified in any other manner. (452a)

Article 546. Necessary expenses shall be refunded to every possessor; but only the possessor in good faith may retain the thing until he has been reimbursed therefor.

Useful expenses shall be refunded only to the possessor in good faith with the same right of retention, the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. (453a)

Article 547. If the useful improvements can be removed without damage to the principal thing, the possessor in good faith may remove them, unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. (n)

ARTICLE 548. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith; but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby, and if his successor in the possession does not prefer to refund the amount expended. (454)

Article 549. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received, and shall have a right only to the expenses mentioned in paragraph 1 of article 546 and in article 443. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith, but he may remove the objects for which such expenses have been incurred, provided that the thing suffers no injury thereby, and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. (445a)

Article 550. The costs of litigation over the property shall be borne by every possessor. (n)

Article 551. Improvements caused by nature or time shall always inure to the benefit of the person who has succeeded in recovering possession. (456)

Article 552. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons.

A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. (457a)

Article 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. (458)

Article 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. (459)

Article 555. A possessor may lose his possession:

(1) By the abandonment of the thing;

(2) By an assignment made to another either by onerous or gratuitous title;

(3) By the destruction or total loss of the thing, or because it goes out of commerce;

(4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. (460a)

Article 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. (461)

Article 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. (462a)

Article 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. (463)

Article 559. The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same.

If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. (464a)

Article 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. (465)

Article 561. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption. (466)

What is possession?

Possession is the holding of a thing or enjoyment of a right. (Art. 523)

What are the viewpoints of Possession

• Right TO possession (jus possidendi) A right to possess arising from ownership or another legal right
• Right OF possession (jus possessionis) A possessory right arising from possession itself that may be protected independently of ownership

What are the elements of possession? (OIR)

• Occupancy or control of the thing or right – actual or constructive (corpus)
• Intent to Possess (animus possidendi)
• Possession may be exercised in one’s own name or in the name of another; a valid right or title is not required for possession as a fact (Civil Code, Arts. 523 and 524).

What is the extent of possession?

• Physical/actual – occupancy in fact of the whole or at least substantially the whole
• Constructive – occupancy in part in the name of the whole under such circumstances that the law extends the occupancy to the possession of the whole

What is the subject of possession?

General Rule: Subject of possession are things or rights which are susceptible of being appropriated (Art.530)

What are the degrees of possession?

• Possession without title and in violation of right of owner (grammatical degree) Ex. possession of a thief
• Possession with juridical title (juridical possession); juridical relation exists between the possessor and the owner Ex. that of a lessee, pledge, depositary, usufructuary
• Possession with just title but not from true owner, such that of a possessor in good faith (possessory right) Ex. When a buyer acquires a thing from the seller who was not the true owner or could not transmit rights.
• Possession with title in fee simple or possession with title of dominion- This is the highest degree of possession.

Where a Lost Personal Property is Found

The rights and obligations of the finder of lost personal property are the following:

• Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place;
• The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best;
• If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication;
• Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses; (Art. 719, NCC) and
• If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, 1/10 of the sum or of the price of the thing found. (Art. 720, NCC)

How is possession acquired from the viewpoint of a possessor?

• Personal
• Intent to possess
• Capacity to possess
• Object must be capable of being possessed
• Through authorized person (agent or legal representative)
• Intent to possess for principal (not for agent)
• Authority or capacity to possess (for another)
• Principal has intent and capacity to possess
• Through Unauthorized person (but only if subsequently ratified)
• Intent to possess for another (the principal)
• Capacity of “principal” to possess
• Ratification by principal

What are the kinds of possession?

• Possession in the concept of an owner (Adverse Possession) – possession by the owner himself or adverse possessor
• Possession in the concept of holder – possessor acknowledges that another is an owner (e.g., usufruct, lessee, depositary, bailee in commodatum)
• Possession In one’s own name – personal acquisition
• Possession in the name of another – agent; subject to authority and ratification if not authorized; negotiorum gestio
• Voluntary – as when an agent possesses for the principal (by virtue of agreement)
• Necessary – as when a mother possesses for a child still in the maternal womb
• Unauthorized – this will become the principal’s possession only after there has been a ratification without prejudice to the effects of negotiorum gestio
• Possession in good faith – not aware of any flaw or defect in his title or mode of acquisition
• Possession in bad faith – aware that there exists in his title or mode of acquisition some flaw or defect

Principle of Self-Help

This principle authorizes an owner or lawful possessor of a property to use reasonable force to prevent or repel an actual or threatened unlawful physical invasion or usurpation of property. (NCC, Art. 429) There must be no delay in the pursuit, otherwise, his recourse will be to go to the court for the recovery of property.

Requisites of the Principle of Self-Help (RODA)

• Reasonable force used
• Such force is used by the owner or lawful possessor
• There is no delay
• Actual or threatened physical invasion or usurpation of the property.

“Sic utere tuo ut alienum non laedas”’

The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. (NCC, Art. 431)

Property owner can use his property in any manner he desires provided he does not injure the rights of others (sic utere tuo ut alienum non laedas).

Possession as Mere Holder

Rule does not apply where the builder, knowing that the land is not his, does not claim ownership over the land but possesses it as mere Holder, agent, usufructuary or tenant. (Paras, supra, p. 243)

What are the effects of possession in the concept of an owner?

• May be converted into ownership through acquisitive prescription
• Movables: 4 or 8 years
• Immovables: 10 years for ordinary acquisitive prescription or 30 years for extraordinary acquisitive prescription. Separately, the period for judicial confirmation of imperfect title to qualifying public land is 20 years under Commonwealth Act No. 141, Sec. 48(a), as amended by RA 11573.
• Imprescriptible when there is Torrens certificate title over land
• Bring actions necessary to protect possession;
• Ask for inscription of possession;
• Demand fruits and damages from one unlawfully detaining property.

Note: Possessor in the concept of owner has in his favor the legal presumption that he possesses with just title. The possessor cannot be obliged to prove that title; a plaintiff seeking recovery must establish the plaintiff’s own right to recover. (Art. 541)

What to Prove and Evidence to Submit

• Alienability and disposability of land
• Identity of land
• A) Private ownership or B) open, continuous, exclusive, and notorious possession

What are the requisites for personal acquisition?

• Must have capacity to acquire possession;
• Intent to possess;
• Possibility to acquire possession.

Requisites of Doctrine of State of Necessity

• Interference necessary to avert an imminent danger and the threatened damage to the actor or a third person;
• The threatened damage to the actor or a third person must be much greater than the damage caused to another’s property.

Art. 433. Actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.

What is the difference between possession and ownership?

Possession and ownership are distinct legal concepts. Ownership confers certain rights to the owner, among which are the rights to enjoy the thing owned and to exclude other persons from possession thereof. On the other hand, possession is defined as the holding of a thing or the enjoyment of a right. Literally, to possess means to actually and physically occupy a thing with or without a right. Thus, a person may be declared an owner, but he may not be entitled to possession. (Heirs of Soriano v. Court of Appeals, G.R. No. 128177, August 15, 2001)

Disputable presumption of ownership

There is disputable presumption of ownership when a person is in actual possession of the property under the claim of ownership.

Who has the burden of proof to prove bad faith?

Good faith is always presumed. Burden of proof lies on the one alleging bad faith. The belief must be a reasonable, not capricious, one.

Possession is presumed to be enjoyed in the same character in which it is acquired, until contrary is proven. (Art. 529)

(3B) Open, exclusive, continuous, and peaceful possession in the concept of owner

How to prove:

• Tax declarations
• Regular realty tax payments
• Muniments of title (e.g., deeds of sale, wills, donation; to tack possession to that of predecessors-in-interest)
• Testimonial evidence
• Evidence of improvements introduced on the property

X failed to squarely address the CA's finding that the records do not show proof of how X’s predecessor in interest came to own the Subject Land and how this was inherited. These are crucial facts that X needed to establish to show that its predecessor-in-interest had a prior valid claim of ownership over the Subject Land. Precisely, San Pedro's claim of ownership rests on these crucial facts, and without them such claim becomes tenuous. With these facts missing, the Court wholly agrees with the CA that "evidence on record is insufficient to prove that X’s predecessor-in-interest possessed or occupied the subject land in the concept of an owner since June 12, 1945, or earlier." Also, the evidence that Y adduced to disprove X's claim of ownership, including tax declarations dated 1941, cast serious doubt on DMCI's evidence to show its and its predecessors-in-interest open, continuous, exclusive and notorious possession and occupation since June 12, 1945 or earlier. (D.M. Consunji, Inc. v. Republic, G.R. No. 233339 (Resolution), February 13, 2019)

What is the difference between a possessor in good faith and a possessor in the concept of an owner?

A possessor in good faith is unaware of any flaw in the title or mode by which possession was acquired that would invalidate it. A possessor in the concept of an owner possesses as owner rather than as a holder for another; this concerns the character of possession, not good faith. (Civil Code, Arts. 525–526)

Good Faith

• Reasonable belief that person who transferred the thing is the owner and could validly transmit ownership
• Must exist throughout the entire period required for prescription

Just Title - when the possession was acquired through one of the modes recognized by law, but the grantor was not the owner or could not transmit any right (Art. 1129, NCC); must be proved and never presumed; only Titulo Colorado is required

• Titulo Colorado - such title where there was a mode of transferring ownership but something is wrong because the grantor is NOT the owner
• Titulo putativo - a person believes he has obtained title but he has not because there was no mode of acquiring ownership, as when one is in possession of a thing in the mistaken belief that it had been bequeathed to him. (Doliendo v Biarnesa, G.R. No. L- 2765, 1906)
• Title must be one which would have been sufficient to transfer ownership if grantor had been the owner
• Through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership

What are the ways of acquiring possession?

Possession is acquired in any of the following ways:

• By the material occupation of the thing or the exercise of a right;
• By the fact that the property is subject to the action of one’s will; and
• By the proper acts and legal formalities established for acquiring the right. (Republic v. Ng, G.R. No. 182449, 2013)

In Concept of Owner

• Possession NOT by mere tolerance of owner but adverse to that of the owner
• Claim that he owns the property

Possession by third person of the property mortgaged

The creditor may claim from the third person in possession of the mortgaged property, the payment of the part of the credit secured by the property which the third party possesses, in terms and with the formalities which the law establishes. (NCC, Art. 2129)

What are the effects of bad faith of decedent on the heir/s?

General Rule: Heir shall not suffer the consequences of the wrongful possession of the decedent (bad faith is personal)

Exception: When he becomes aware of the flaws affecting the decedent’s title.

Note: It doesn’t matter whether the “facts” which show that the possessor becomes aware of facts showing that his possession is improper is caused by him or by some other person.

Interruption of good faith may take place at:

• The date of summons; or
• That of the answer if the date of summons does not appear.

Effects of possession in good faith is counted only from the date of the decedent’s death (Art. 534)

What is the rule regarding minors acquiring possession?

• Minors and incapacitated persons may acquire possession, but need the assistance of their legal representatives to exercise rights arising from it;
• They may acquire possession themselves, but need the assistance of their legal representatives to exercise rights arising from it (Art. 535)

Acquisition – Possession cannot be acquired through force or intimidation. If the holder refuses to deliver the thing, the person claiming a right to deprive the holder of possession must invoke the aid of the competent court.

MOVABLE PROPERTY: REPLEVIN / MANUAL DELIVERY

• Both principal and provisional remedy
• Plaintiff shall state in the affidavit that he is the owner of the property claimed, particularly describing it or that he is entitled to possession, and that it is wrongfully detained by the other
• Plaintiff must also give a bond double the amount of value of the property (Rules of Court, Rule 60, Sec. 2)

What are the invalid ways to acquire possession?

Possession cannot be:

• Acquired through force or intimidation as long as there is a possessor who objects thereto; (Art. 536)
• Affected by acts merely tolerated; or
• Clandestine and unknown acts; or
• Acts of violence (Art. 537)

What are tolerated acts?

Tolerated Acts – acts of little disturbances which a person, in interest of neighborliness or friendly relations, permits others to do on his property, such as passing over the land, tying a horse, or getting some water from a well. (Civil Code, Art. 537)

The execution of a deed of sale is merely a prima facie presumption of delivery of possession of a piece of real property, which is destroyed when the delivery is not effected because of a legal impediment. Said construction or symbolic delivery, being merely presumptive, may be negated by the failure of the vendee to take actual possession of the land sold. (Civil Code, Art. 1498)

Rules in Computation of Period

• Present possessor may tack his possession to that of his grantor or predecessor in interest
• Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved
• First day excluded, last day included

What are the rights of legal possessor?

Right to be respected in his possession; if disturbed, he shall be protected or restored by means established by laws.

Tacking Period

• There must be privity between previous and present possessor
• Possible when there is succession of rights
• If character of possession different:
• predecessor in bad faith / possessor in good faith use extraordinary prescription

What are the legal presumptions in favor of possessor?

• Possessor who recovers possession unjustly lost shall be deemed to have enjoyed it without interruption. (Art. 561) This is important for purposes of acquisitive prescription.
• Legal presumption of just title (prima facie) and he is not obliged to show or prove it (Art. 541)
• Possession of real property presumes that movables are included (Art. 542)
• Co-possessor deemed to have exclusively possessed part which may be allotted to him; interruption in whole or in part shall be to the prejudice of all (Art. 543)

What is possession as a fact?

Possession as a fact cannot be recognized at the same time in two different personalities, except in cases of co-possession (Art. 538)

What are the exceptions?

• Co-possessor – there is no conflict of interest, both of them acting as co-owners, as in the case of property owned or possessed in common
• Possession of different concepts or different degrees.

What are the rules in case of conflict or dispute regarding possession?

• Present possessor shall be preferred
• If there are 2 possessors, the one longer in possession
• If the dates of possession are the same, the one who presents a title;
• If all the preference conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (Art. 538)

What are the requisites for possession of movables?

• Good faith
• Owner voluntarily parted with the possession of the thing
• In the concept of owner

Pledges created by operation of law (Art. 2121)

• These are governed by the foregoing articles on the possession, care and sale of the thing as well as on the termination of the pledge. However, after payment of the debt and expenses, the remainder of the price of the sale shall be delivered to the obligor. (Art. 2121)
• These may be sold only after demand of the amount for which the thing is retained. The public auction shall take place within one month after such demand. If, without just grounds, the creditor does not cause the public sale to be held within such period, the debtor may require the return of the thing. (Art. 2122)

Possession in Good Faith - Equivalent to Title

One who has lost or has been unlawfully deprived of it may recover the thing from whomever possesses it, ordinarily, w/o reimbursement. (Art. 559)

Enjoining the implementation of writ possession

As a rule, any question regarding the validity of the mortgage or its foreclosure cannot be a legal ground for refusing the issuance of a writ of possession. Regardless of whether or not there is a pending suit for annulment of the mortgage or the foreclosure itself, the purchaser is entitled to a writ of possession, without prejudice to the outcome of the case. Hence, an injunction to prohibit the issuance of a writ of possession is entirely out of place. Prohibition does not lie to enjoin the implementation of a writ of possession. As a rule, the trial court must enforce a duly issued writ of possession without delay, subject to the rights of a third party actually holding the property adversely to the mortgagor, whose claim requires appropriate proceedings. (Sps. Ong v. CA, G.R. No. 121494, June 8, 2000)

LOSS OR UNLAWFUL DEPRIVATION OF A MOVABLE

When may a possessor lose possession?

Under Article 555 of the Civil Code, possession may be lost through:

• Abandonment of the thing, involving a renunciation of the right, an intent to give up the thing, and no expectation of recovering it;
• Assignment to another by onerous or gratuitous title, with the transfer of ownership rights and the loss of possession both in fact and in law;
• Destruction or total loss of the thing, or its withdrawal from commerce; or
• Possession by another for more than one year, subject to Article 537. This ends possession as a fact, but the real right of possession is not lost until ten years have passed.

The passage also mentions other court proceedings directly affecting title to land or the use or occupation of a building. This is not a ground listed in Article 555.

When is possession of movable not lost?

When:

• The movable property remains under the control of the possessor, even for time being he may not know their whereabouts (Art. 556)
• 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. (Art. 557)

When may possession still be recovered?

• Unlawfully deprived or lost (Art. 559)
• Acquired at public sale in good faith – with reimbursement (Art. 559)
• Provision of law enabling the apparent owner to dispose as if he is owner
• Sale under order of the court
• Purchases made at merchant stores, fairs or markets
• Negotiable document of title

When is possession equivalent to title?

• Possession is in good faith; (Art. 559)
• Owner has voluntarily parted with the possession of the thing - Possessor is in concept of an owner