4. Efects of Possession!

a) Possession is respected and will be

restored if disturbed, writ of injection may be
issued (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
ling of the complaint present a
motion to secure from the
competent court! in the action for
forcible entry! a writ of
preliminary mandatory in"unction
to restore him in his possession.
#he court shall decide the motion
within thirty $3%& days from the
ling thereof.&
b) Acquisitive prescription
(1) Possession acquired and
enjoyed in the concept of owner can serve
as a title for acquiring dominion (Article
5'%. (nly the possession ac)uired
and en"oyed in the concept of
owner can serve as a title for
ac)uiring dominion)
c) Presumptions
(1) Just title - if possession is in the
concept of an owner; possessor cannot be
obliged to show or prove it. (Article 5'*.
A possessor in the concept of
owner has in his favor the legal
presumption that he possesses
with a "ust title and he cannot be
obliged to show or prove it)
(2) A possessor who shows
possession at some previous time is
presumed to have held possession also
during the intermediate period in the
absence of proof to the contrary. (Article
'59. +henever the current of a
river! cree, or torrent segregates
from an estate on its ban, a
,nown portion of land and
transfers it to another estate! the
owner of the land to which the
segregated portion belonged
retains the ownership of it!
provided that he removes the
same within two years)
(3) Possession of real properties
presumes possession of movables
(Article 5'-. #he possession of
real property presumes that of
the movables therein! so long as
it is not shown or proved that
they should be e.cluded)
d) In common possession $Article 53'.
(n who succeeds by hereditary
title shall not su/er the
conse)uences of the wrongful
possession of the decedent! if it is
not shown that he was aware of
the 0aws a/ecting it; but the
e/ects of possession in good faith
shall not benet him e.cept from
the date of death of the decedent)
(1) Allocation after division is
presumed to have been possessed during
the entire
duration of co-possession
(2) Interruption of possession
prejudices all the possessors
(3) In case of Civil Interruption, the
Rules of Court applies
5. Possession of Third Persons
a) Possession without authority from the
lawful possessor
b) In Good Faith - not aware that there
exists in his title or mode of acquisition any
faw which invalidates it; mistakes as to
question of law may be a basis of good faith
(Article 5-1. 2e is deemed a
possessor in good faith who is not
aware that there e.ists in his title
or mode of ac)uisition any 0aw
which invalidates it.
2e is deemed a possessor in bad
faith who possesses in any case
contrary to the foregoing); Good
faith is presumed and bad faith has to be
proved (Article 5-3. 4ood faith is
always presumed! and upon him
who alleges bad faith on the part
of a possessor rests the burden of
proof.&; Good faith is lost upon knowledge
of the facts (Article 5-5. 6ossession
ac)uired in good faith does not
lose this character e.cept in the
case and from the moment facts
e.ist which show that the
possessor is not unaware that he
possesses the thing improperly or
wrongfully.)
(1) Efects of Possession in
Good Faith
(a) Entitled to the fruits before
possession is legally interrupted
(b) Right to his proportional share in
case of natural and industrial fruits in
case of interruption
(c) Refund
i) For necessary expenses with right
of retention until reimbursement (Art.
5'1! par. * 7ecessary e.penses
shall be refunded to every
possessor; but only the possessor
in good faith may retain the thing
until he has been reimbursed
therefor.)
ii) For useful expenses with right of
retention - owner has the option to refund or
to pay increase in value (Art. 5'1 par.
-8seful e.penses 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 e.penses or of
paying the increase in value
which the thing may have
ac)uired by reason thereof)
iii) For expenses for pure luxury or
mere pleasure (AR#9C:E 5'5.
E.penses for pure lu.ury 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 su/ers no
in"ury thereby! and if his
successor in the possession does
not prefer to refund the amount
e.pended)
(d) Removal
i) Of useful improvements if it can be
done without damage or refund (Article
5'3. 9f 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
e.ercises the option under
paragraph - of the preceding
article.&
ii) Of ornaments for embellishment if
it sufers no injury and if owner does
not prefer to refund (AR#9C:E 5'5.
E.penses for pure lu.ury 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 su/ers no
in"ury thereby! and if his
successor in the possession does
not prefer to refund the amount
e.pended)
(e) Liability
i) Not liable for the deterioration or
loss except if there is fraudulent intent
or negligence after judicial summons
c) In Bad Faith - if the possessor is aware of
any faw in his title
(1) Efects of Possession in
Bad Faith
(a) Obligation to reimburse the
owner/legitimate possessor the fruits
received
(b) Refund
i) For necessary expenses without
right of retention (Article 5'1.
7ecessary e.penses shall be
refunded to every possessor; but
only the possessor in good faith
may retain the thing until he has
been reimbursed therefor.
8seful e.penses 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 e.penses or of
paying the increase in value
which the thing may have
ac)uired by reason thereof.
AND
Article 5'9. #he 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 e.penses mentioned
in paragraph * of article 5'1 and
in article ''3. #he e.penses
incurred in improvements for pure
lu.ury or mere pleasure shall not
be refunded to the possessor in
bad faith! but he may remove the
ob"ects for which such e.penses
have been incurred! provided that
the thing su/ers no in"ury
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)
(c) Removal
i) Of improvement for pure luxury or
please if no injury is cause and the lawful
possessor does not prefer to retina the by
paying its value (Article 5'9. #he
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
e.penses mentioned in paragraph
* of article 5'1 and in article ''3.
#he e.penses incurred in
improvements for pure lu.ury or
mere pleasure shall not be
refunded to the possessor in bad
faith! but he may remove the
ob"ects for which such e.penses
have been incurred! provided that
the thing su/ers no in"ury
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)
(d) Liability!
i) Liable for losses including
fortuitous events
d) Recovery of Possession
(1) Improvements caused by nature
or time always insure to the beneft of the
person who succeeded in recovering
possession $Article 55*.
9mprovements caused by nature
or time shall always inure to the
benet of the person who has
succeeded in recovering
possession); and
(2) nor is he obliged to pay for
improvements which have ease to exist at
the time he takes possession of the thing
(Article 553. (ne who recovers
possession shall not be obliged to
pay for improvements which have
ceased to e.ist at the time he
ta,es possession of the thing)
(3) Recovery of possession unjustly
lost - possessor deemed to have
uninterrupted possession