CLASSIFICATION OF POSSESSION IN CIVIL LAW

The Civil Code of the Philippines governs possession under Articles 523 to 561, which are part of the broader framework of ownership and property law. Possession, as defined under the Code, is the holding or enjoyment of a thing or a right. Below is a comprehensive discussion of the classifications of possession:

I. BY NATURE OR CHARACTER

Possession in One’s Own Name (Possession de Propio Derecho)
- This is when the possessor holds the property or thing for themselves, asserting ownership or other rights over it.
- Example: A homeowner occupying their residence.
Possession in the Name of Another (Possession de Derecho Ajeno)
- This occurs when the possessor holds the property on behalf of another person or entity, acknowledging that the true ownership or right to possession belongs to someone else.
- Example: A lessee occupying a property owned by the lessor.

II. BY LEGALITY

Lawful Possession (Possession Legitima)
- The possessor has legal grounds for possession, such as ownership, lease, usufruct, or other lawful relationships.
- The possession is presumed to be in good faith until proven otherwise.
Unlawful Possession (Possession Ilegitima)
- Possession without legal basis, often in bad faith or through wrongful means such as usurpation or squatting.
- Example: A squatter occupying public or private land without permission.

III. BY GOOD OR BAD FAITH

Possession in Good Faith (Posesión de Buena Fe)
- Possessor believes they have a valid right to the property.
- Effects:
  - Possessor is entitled to fruits (natural, industrial, or civil) gathered before knowledge of a defect in title.
  - Good faith ceases upon becoming aware of flaws in possession or ownership.
- Example: A buyer of real property who later learns of a competing claim.
Possession in Bad Faith (Posesión de Mala Fe)
- Possessor knows or should know they have no valid claim to the property.
- Effects:
  - Must return all fruits and compensate for damages to the rightful owner.
  - Liable for deterioration or loss, except in cases of fortuitous events.
- Example: A person knowingly occupying land not theirs.

IV. BY CONTINUITY

Interrupted Possession
- Occurs when possession is temporarily discontinued but may resume under certain circumstances.
- Example: Leaving a property vacant but intending to return.
Uninterrupted Possession
- Continuous and unbroken possession over a period, which can lead to acquisitive prescription.

V. BY PUBLICITY

Public Possession
- Possession that is visible and known to others, signaling to the community that the possessor claims the property.
- Example: Openly cultivating farmland.
Secret Possession
- Possession exercised discreetly to avoid detection.
- Example: Hidden use of property to prevent competing claims.

VI. BY LEGAL PRESUMPTION

Possession with Just Title
- Presumed to have lawful possession based on a valid title or agreement unless proven otherwise.
Possession without Just Title
- Lacks legal basis for possession but may still benefit from legal presumptions in certain cases.

VII. BY CAPACITY TO TRANSFER POSSESSION

Possession in Concept of Owner (Con Animo de Dueño)
- Possessor acts as though they are the owner of the property.
- This type of possession may lead to acquisitive prescription if maintained for the required period under the law.
- Example: Long-term possession of unregistered land with no competing claims.
Possession in Concept of Holder (Con Animo de Tenedor)
- Possessor acknowledges ownership or superior rights of another, such as in lease, deposit, or commodatum.
- Example: A tenant occupying rented premises.

VIII. BY ORIGIN

Original Possession
- Possession directly acquired by the possessor, such as through inheritance, purchase, or occupation.
Derivative Possession
- Possession obtained from another person, such as through lease, agency, or trust agreements.

IMPORTANT LEGAL PRINCIPLES GOVERNING POSSESSION

Presumption of Good Faith
- Article 527 of the Civil Code presumes possession in good faith unless proven otherwise.
Right to Fruits
- Good faith possessors retain the fruits they have collected.
- Bad faith possessors must return the fruits, whether gathered or pending.
Acquisitive Prescription
- Possession, if public, peaceful, and uninterrupted for a statutory period, may ripen into ownership under the rules of acquisitive prescription.
Possessory Actions
- A possessor may file legal actions to protect their possession (interdictal remedies), such as forcible entry or unlawful detainer.

This meticulous classification ensures clarity in legal disputes and guides possessors on their rights and obligations under Philippine law.