CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > B. Ownership > 8. Possession > a. Definition

Possession is a juridical concept governed by the Civil Code of the Philippines under Articles 523 to 561. It is intricately linked to ownership but distinct in nature, as it refers to the physical or material holding or enjoyment of a thing, coupled with the intention to possess it as one’s own.

1. Legal Definition

Article 523 of the Civil Code defines possession as:

"the holding of a thing or the enjoyment of a right."

This definition encompasses two essential elements:

Corpus: The physical possession or material occupation of the property.
Animus Possidendi: The intent to possess the property as one’s own or in the concept of an owner.

2. Classes of Possession

Possession may be classified as follows:

In the Concept of an Owner (Possession in the Concept of Owner)
- This occurs when the possessor acts as if they were the owner of the property, regardless of whether they hold title to it.
- Examples include:
  - A person holding property under an invalid title.
  - A person claiming adverse possession under prescription (ownership through lapse of time).
In the Concept of a Holder (Possession in the Concept of Holder)
- This occurs when the possessor acknowledges the ownership of another and holds the property only temporarily, without the intention to appropriate it as their own.
- Examples include:
  - Lessees.
  - Depositaries.
  - Borrowers.
Good Faith Possession
- Defined under Article 526 as possession where the possessor is unaware of any defect in their title or mode of acquisition.
- Good faith is presumed unless proven otherwise (Article 527).
Bad Faith Possession
- Arises when the possessor is aware of the defect in their title or mode of acquisition.

3. Essential Elements

Possession requires the concurrence of:

Material Control (Corpus)
- The actual, physical holding of the property.
Intention to Possess (Animus Possidendi)
- The mental state or intent to exclude others from the property and assert dominion over it.

4. Modes of Acquiring Possession

Possession can be acquired in two primary ways:

By Fact (Material Occupation)
- Through physical seizure of the property with intent to possess it.
By Law or Juridical Acts
- Possession may be acquired through legal transactions, such as:
  - Contracts (e.g., lease, donation, sale).
  - Succession (inheriting property).

5. Effects of Possession

The Civil Code recognizes several important legal effects of possession:

Right to Be Respected in Possession (Article 539)
- Possession is protected by law, and the possessor is entitled to legal remedies (such as actions for forcible entry and unlawful detainer) against any disturbance.
Presumption of Ownership (Article 540)
- Possession in the concept of an owner creates a disputable presumption of ownership.
- This is particularly significant in cases where ownership cannot be conclusively established.
Acquisition of Ownership Through Prescription (Articles 1117–1137)
- Possession for a certain period, combined with the conditions set forth under the law, may ripen into ownership.
Liability for Fruits (Articles 443–444)
- A possessor in good faith is entitled to the fruits of the property until the lawful owner demands restitution.
- A possessor in bad faith must return both the property and the fruits derived therefrom.

6. Possession vs. Ownership

While possession is a physical fact or relationship with a thing, ownership is the juridical right to fully control and dispose of a property. A possessor is not necessarily the owner, and possession does not automatically confer ownership except when combined with:

Good faith and a just title (shorter prescription period).
Open, continuous, and adverse possession (ordinary or extraordinary prescription).

7. Loss of Possession

Under Article 555, possession is lost under the following circumstances:

By abandonment.
By delivery to another.
By the destruction or loss of the property.
By possession of another with intent to exclude the former possessor.
By transfer through legal means or juridical acts.

8. Legal Remedies for Possession

Accion Interdictal (Forcible Entry and Unlawful Detainer)
- Summary actions to protect the possessor against disturbances of possession.
Accion Publiciana
- Action to recover possession filed after one year from dispossession.
Accion Reivindicatoria
- Action to recover ownership of the property, which includes the issue of possession.

9. Good Faith and Bad Faith in Possession

Good Faith (Article 526):
- Exists when possession is acquired without knowledge of defects or claims by others.
Bad Faith:
- Exists when there is awareness of the defect or lack of title.

Presumption favors good faith unless clear evidence proves otherwise.

10. Possession of Rights

Possession is not limited to tangible property but extends to rights. For instance:

A creditor may possess the right to collect debts.
Intellectual property rights can be possessed in terms of their usage.

11. Special Rules for Possession

Tacking of Possession (Article 554):
- Possessors may add their possession to that of their predecessors to meet the requirements for prescription.
Possession by Agents or Representatives (Article 525):
- Possession may be held through agents or representatives.

This exhaustive treatment reflects the nuances and critical importance of possession in the Philippine legal system, highlighting its interplay with ownership, its protective mechanisms, and its transformative potential through prescription.