CIVIL LAW

IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

B. Ownership

8. Possession

d. Loss of Possession

Under the Civil Code of the Philippines, the topic of loss of possession is governed by principles that relate to how a possessor ceases to have the physical or juridical control of a thing, and the legal consequences thereof. Below is a detailed exposition on the topic:

1. LEGAL BASIS

Article 555 of the Civil Code explicitly outlines the causes of loss of possession:

Possession is lost:

By the abandonment of the thing;
By an assignment made to another, either by onerous or gratuitous title;
By the destruction or total loss of the thing, or because it goes out of commerce;
By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year.
In any other manner provided by law.

2. MODES OF LOSING POSSESSION

A. By Abandonment

This refers to a deliberate act of the possessor to relinquish possession with the intent to no longer use or claim the property.
The abandonment must be clear and unequivocal, requiring both physical non-possession and intent to abandon.
Example: Leaving a property unoccupied and declaring that one does not intend to return or claim it.

B. By Assignment to Another (Onerous or Gratuitous Title)

Onerous Title: Transfer of possession through sale, barter, or other transactions with consideration.
Gratuitous Title: Transfer without consideration, such as through donation or inheritance.
Delivery or transfer of control is necessary to constitute loss of possession.
Example: Selling a car and handing over the keys or documents.

C. By Destruction or Total Loss of the Thing, or Going Out of Commerce

Physical destruction (e.g., a house being demolished) or disappearance of the thing results in loss of possession.
Going out of commerce refers to instances where the thing is rendered legally inalienable (e.g., confiscated contraband).

D. By Possession of Another (Adverse Possession)

Another person’s possession supersedes the original possessor if:
- The adverse possession lasts for more than one year;
- The adverse possessor takes physical and juridical control of the thing;
- The dispossession was through force, intimidation, or stealth, and the possessor failed to file the necessary legal action (Article 537).
This is subject to the rule of just title and good faith.

E. In Any Other Manner Provided by Law

Includes special circumstances dictated by specific laws, such as:
- Court orders resulting from eviction proceedings;
- Enforcement of foreclosure or similar judicial rulings;
- Operation of special statutes that regulate possession or ownership.

3. EFFECTS OF LOSS OF POSSESSION

A. On Ownership

Loss of possession does not necessarily equate to loss of ownership unless possession is coupled with a title or legal interest that is also transferred or extinguished.

B. On Acquisitive Prescription

If possession is lost, the computation of time for acquisitive prescription ceases.
Example: If a possessor abandons property, the period of prescription halts until another possessor resumes possession.

C. On Legal Remedies

Acción Publiciana: For recovery of possession lost for more than one year.
Acción Reivindicatoria: For recovery of ownership and possession.
Forcible Entry/Detainer: For possession lost within one year due to force, intimidation, or stealth.

4. JURISPRUDENCE

A. Abandonment

Del Rosario v. Lucena (G.R. No. 154146): Abandonment must be proved by clear and convincing evidence of the possessor’s intent to relinquish.

B. Adverse Possession

Spouses Cruz v. Spouses Cruz (G.R. No. 158930): Failure of the dispossessed party to act within one year bars them from recovering possession under forcible entry.

C. Court-Ordered Loss of Possession

City of Manila v. Garcia (G.R. No. L-26053): Possession may be lost through judicial declaration, even when actual physical loss has not occurred.

5. KEY DISTINCTIONS IN LOSS OF POSSESSION

Mode	Involuntary Loss	Voluntary Loss
Abandonment	Not Applicable	Deliberate and intentional.
Assignment	Not Applicable	Deliberate transfer of control.
Destruction/Loss	Natural or unforeseen events.	Not Applicable.
Adverse Possession	By force, stealth, or intimidation.	Not Applicable.

6. PRACTICAL APPLICATION

In Real Property Disputes: When claiming recovery, understanding how possession was lost determines the type of remedy or action to file.
Contracts and Sales: Parties transferring property must ensure clear delivery to avoid disputes over possession.
Adverse Possession: Property owners must act promptly to interrupt illegal possession by others.

By understanding the comprehensive rules and nuances of loss of possession under Philippine law, legal practitioners can effectively advise and represent clients in disputes involving property.