Effects of Possession

8/10/2019 Effects of Possession

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EFFECTS OF POSSESSION


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Rights & Remedies of Possessors

Article 539

Right to be respected in his possession

If disturbed, he is protected and restored by the

law

forcible entry, unlawful detainer, etc.

in forcible entrywrit of preliminary mandatory

injunction available if applied for within 10 days from

filing

Prayer for mandatory injunction must be decided

within 30 days


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Who Are Entitled To Rights &

Remedies

Every Possessor

all kinds of possession, from that of an owner to a

mere holder, except that which constitutes a

crime.


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Reason for Protecting the Possessor

Roxas v. Mijares, 9 Phil 520

Spoliation (the seizing of things by force) is a

positive attempt against public order and must

instantly be suppressed without regard to the titleheld by the injured party, in order to avoid

disturbances in the community and prevent

anyone from taking the law into his hands.


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Force As Contemplated In Article 539

The trespasser does not have

to institute a state of war.

Neither is it required that heemploy violence upon the

party in possession. The words FISTS include every

situation or condition underwhich one person canwrongfully enter upon realproperty and exclude another,who has prior possession,

therefrom.


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Remedies

Action Venue When to File Legal Issue

Forcible Entry MeTC or MTC Within 12 months

from dispossession.

Who is entitled to

possession.

Unlawful Detainer MeTC or MTC Within 12 months

from latest demand

to vacate.

Who is entitled to

possession.

Accion Publiciana RTC Anytime within the

prescriptive period*

Who has a better

right?

Accion

Reivindicatoria

RTC Anytime within the

prescriptive period*

Who has title or

lawful ownership?

* It is not necessary to wait for the lapse of one year before Accion

Publiciana or Accion Reivindicatoria is brought.


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Preliminary Mandatory Injunction Mara, Inc., vs. Hon. Estrella, G.R. No. L-40511 July 25, 1975

The injunction contemplated in article 539 is an exceptionto the general rule that the writ of injunction is not properwhere its purpose is to take property out of the possessionor control of one person and place it in the hands of

another whose title has not clearly been established by law(3 Moran's Comments on the Rules of Court, 1970 Ed. pp.72-73).

Therefore, if the petitioner asking for an injunction is theregistered owner and the oppositor is an interloper or

squatter who has no possessory right to the land inlitigation, a writ of preliminary mandatory injunction maybe issuedpendente lite (See De Garcia vs. Santos, 79 Phil.365, Rodulfa vs. Alfonso, 76 Phil. 225; Torre vs. Querubin,101 Phil. 53).


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Possession - Prescription

To consolidate title by prescription possessionmust be under claim of ownership, and it must bepeaceful, public and uninterrupted.

The following possession cannot serve as basisfor prescription:a) Possession by lessee, trustees, pledgees, tenants or

share planters.

b) Possession by an agent.

c) Possession by an employee and those holding in afiduciary capacity like receivers, attorneys,depositaries and antichretic creditors.


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Presumption of Just Title

Art. 541A possessor in the concept of ownerhas in his favor the legal presumption that hepossesses with a just title and he cannot be

obliged to show or prove it. Confirmation of the doctrine that possession is

presumed ownership.

Azcarte: a contrary rule would oblige the

proprietor to carry with him always his title inorder to exhibit to anyone who, with or withoutreason, may bring an action against him.


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Presumption of Just Title

Just Title defined

Not confined to a document.

Can be the testimony of credible witnesses.

Just title means that which is legally sufficient to

transfer the ownership or the real right to which it

relates.


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Co-Possession

Art. 543

Each co-owner is deemed to have possessed theshare allotted to him inclusive of the period of co-

possession. Illustration:

A, B, and C are co-owners of a parcel of land.

After 7 years they partitioned the property.

4 years after partition, X claims a part of the land givento A.

A can invoke prescription having possessed the land for11 years (7 years of co-possession and 4 years ofexclusive possession.


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Co-Possession

A, B, and C are co-owners of a 12 hectare land.

A has interest while B and C each.

Possession is exercised by C. On the 8th year C gave uppossession of a portion with an area of 4 hectares for

more than one year. After 3 more years, X claims the entire property.

A, B, and C cannot be considered as having acquired byprescription the portion given up by C because their

possession is only 8 years. If the remaining 8 hectares is partitioned, each will

share according to their respective interest.


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Rights of Owners vs. Rights of

Possessors (Good Faith/Band Faith)

Lecture on Friday


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UsufructGeneral Provisions

Art. 562. Usufruct gives a right to enjoytheproperty of another with the obligation ofpreserving its form and substance, unless thetitle constituting it or the law otherwise provides.

(467) Definition:

Real right, of a temporary nature, which authorizes itsholder to enjoy all the benefits which results from the

normal enjoyment of anothers property, with theobligation to return, at the proper time, either thesame thing or, in special cases, its equivalent. (DeBuen)


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How Is Usufruct Created

Art. 563. Usufruct is constituted by law, by thewill of private persons expressed in acts intervivos or in a last will and testament, and byprescription. (468)

Created by Lawusufruct of parents overproperty of their unemancipated children (LegalUsufruct)

Created by Will of the Parties Inter vivos, examplescontracts/ donations

Mortis causasuch as testatments

By prescription (Mixed)


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Object of Usufruct (Art. 564)

Art. 564. Usufruct may be constituted on the whole ora part of the fruits of the thing, in favor of one morepersons, simultaneously or successively, and in everycase from or to a certain day, purely or conditionally. It

may also be constituted on a right, provided it is notstrictly personal or intransmissible.

Over the whole or part of the fruits of the thing.

In favor of one or more persons, simultaneously or

successively Pure or conditionally.

With a Term.


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Basis of Rights and Obligations

Article 565

Based on the title constituting a usufruct.

In default of the title, or in case it is insufficient,

by the provisions of the Civil Code.


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Rights of the UsufructuaryArt. 566. The usufructuary shall be entitled to all the natural, industrial

and civil fruits of the property in usufruct. With respect to hiddentreasure which may be found on the land or tenement, he shall beconsidered a stranger. (471)

Art. 567. Natural or industrial fruits growing at the time the usufructbegins, belong to the usufructuary.

Those growing at the time the usufruct terminates, belong to theowner.

In the preceding cases, the usufructuary, at the beginning of theusufruct, has no obligation to refund to the owner any expensesincurred; but the owner shall be obliged to reimburse at the

termination of the usufruct, from the proceeds of the growing fruits,the ordinary expenses of cultivation, for seed, and other similarexpenses incurred by the usufructuary.

The provisions of this article shall not prejudice the rights of thirdpersons, acquired either at the beginning or at the termination of theusufruct. (472)


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Rights of Usufructuary

Art. 568. If the usufructuary has leased the landsor tenements given in usufruct, and the usufructshould expire before the termination of the

lease, he or his heirs and successors shall receiveonly the proportionate share of the rent thatmust be paid by the lessee. (473)

Art. 569. Civil fruits are deemed to accrue daily,and belong to the usufructuary in proportion tothe time the usufruct may last. (474)


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Rights of UsufructuaryArt. 570. Whenever a usufruct is constituted on the right toreceive a rent or periodical pension, whether in money or infruits, or in the interest on bonds or securities payable tobearer, each payment due shall be considered as the proceedsor fruits of such right.

Whenever it consists in the enjoyment of benefits accruingfrom a participation in any industrial or commercialenterprise, the date of the distribution of which is not fixed,such benefits shall have the same character.

In either case they shall be distributed as civil fruits, and shallbe applied in the manner prescribed in the preceding article.(475)

Art. 571. The usufructuary shall have the right to enjoy anyincrease which the thing in usufruct may acquire throughaccession, the servitudes established in its favor, and, ingeneral, all the benefits inherent therein. (479)


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Rights of Usufructuary

Art. 574. Whenever the usufruct includes things whichcannot be used without being consumed, theusufructuary shall have the right to make use of themunder the obligation of paying their appraised value at

the termination of the usufruct, if they were appraisedwhen delivered. In case they were not appraised, he shallhave the right to return at the same quantity and quality,or pay their current price at the time the usufruct ceases.(482)

Art. 575. The usufructuary of fruit-bearing trees andshrubs may make use of the dead trunks, and even ofthose cut off or uprooted by accident, under theobligation to replace them with new plants. (483a)

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