Notes in 0523 to 0561: Posession and Prescription

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Status	Last Update	Fields
Published	09/15/2024	What is possession?
Published	09/18/2024	Viewpoints of Posession{{c1::Right TO posession (jus possidendi)}} - {{c2::This is a right or incident of ownership.}}{{c1::Right OF posession (jus po…
Published	09/15/2024	What are the degrees of posession?
Published	09/15/2024	Requisites of Posession
Published	09/15/2024	Classes of posession
Published	09/15/2024	Under whose name may posession be exercised?
Published	09/15/2024	Kinds of posession in another's name
Published	09/15/2024	Two concepts of possession
Published	09/15/2024	Who is deemed a possessor in good faith?
Published	09/15/2024	What is the difference between a posessor in good faith and a possessor in the concept of the owner?
Published	09/15/2024	Who is deemed to be a posessor in bad faith?
Published	09/15/2024	Art. 527. {{c1::Good faith is always presumed,}} and upon him who {{c2::alleges bad faith}} on the part of a possessor rests the burden of proof.&n…
Published	09/15/2024	What is the reason for the presumption of good faith?
Published	09/15/2024	When does posession in good faith become posession in bad faith?
Published	09/15/2024	What are the presumptions regarding posession?
Published	09/15/2024	Art. 530. {{c1::Only things and rights which are susceptible of being appropriated}} {{c2::may be the object of possession. }}
Published	09/15/2024	The only thing that can be object of posession: {{c1::PROPERTY}}The following cannot be possessed: {{c1::Public dominion, res communes, easements, thi…
Published	09/15/2024	What is res nullius? {{c1::Abandoned or ownerless property.}}Can it be possessed? {{c1::Yes, but it cannot be acquired by prescription. Howe…
Published	09/15/2024	True or FalseWhen a property or thing is possessed by multiple co-possessors, each possessor is considered to have exclusively possessed the…
Published	09/15/2024	True or FalseIf there is an interruption in possession, the interruption only affects co-possessors whose interests are affected.Answer: {{c1::False. …
Published	09/15/2024	What rule governs Civil Interruption?Answer: {{c1::The Rules of Court}}
Published	09/15/2024	How is civil interruption produced?
Published	09/18/2024	When should judicial summons not be deemed to have been issued, and therefore, not give rise to interruption?
Published	09/15/2024	What is the right of a possessor in good faith to the fruits received before legal interruption?
Published	09/15/2024	When are natural and industrial fruits considered received?
Published	09/15/2024	When do Civil Fruits accrue?
Published	09/15/2024	E has been possessing a property in good faith and has been collecting rent from tenants. On the 21st of the month, a legal interruption occurs, chall…
Published	09/18/2024	What happens to pending fruits when good faith possession ceases?
Published	09/18/2024	How are expenses and charges divided under Article 545?
Published	09/15/2024	Can the owner allow the possessor in good faith to finish cultivating the pending fruits?
Published	09/18/2024	Do possessors in bad faith have right to the fruits?
Published	09/15/2024	What happens if the possessor in good faith cannot finish cultivating due to illness?
Published	09/15/2024	Does Article 545 apply if crops are planted but not yet manifest?Answer: {{c1::Yes, Art. 545 applies even if the crops are planted but not yet visible…
Published	09/15/2024	What are the similar rules to Article 545 on pending crops?1. Article {{c1::567}}, in case of {{c1::change of usufruct}}.2. Article {{c1::1617}}, in c…
Published	09/15/2024	What is the rule on Probative Effect of Fruit Gathering?
Published	09/15/2024	What are necessary expenses under Article 546?
Published	09/15/2024	What rights does a possesor in good faith have regarding necessary expenses?
Published	09/18/2024	What rights does a possessor in bad faith have regarding necessary expenses?
Published	09/15/2024	What are useful expenses under Article 546?
Published	09/15/2024	What are the rights of a possessor in good faith regarding useful expenses?
Published	09/18/2024	What rights does a possessor in bad faith have regarding useful expenses?*
Published	09/15/2024	What happens if the possessor in good faith fails to file a counterclaim for necessary and useful expenses in a suit for recovery of the property?
Published	09/15/2024	True or False. Luxurious expenses can sometimes be useful.Answer: {{c1::Yes, depending on the circumstances, what may be considered luxurious expenses…
Published	09/15/2024	What is the owner’s option under Article 546 regarding useful expenses?
Published	09/18/2024	What is the possessor in good faith's right regarding useful improvements?
Published	09/22/2024	In the event of a conflict between the possessor in good faith and the owner regarding useful improvements, who prevails?
Published	09/15/2024	"Damage" defined in Article 547
Published	09/15/2024	True or False: Under Article 548, expenses for pure luxury or mere pleasure are refunded to the possessor in good faith, and they may remove the luxur…
Published	09/15/2024	What are considered expenses for pure luxury or mere pleasure?
Published	09/15/2024	What right does a possessor in good faith have regarding luxury or ornamental expenses?
Published	09/15/2024	What rights does a possessor in bad faith have regarding luxury or ornamental expenses?
Published	09/18/2024	What is the difference between the rights of possessors in good faith and bad faith regarding ornamental expenses?
Published	09/15/2024	What does "injury" mean in the context of Article 548?
Published	09/15/2024	True or False: A possessor in good faith may remove ornamental improvements even if doing so would cause substantial injury to the principal thing.Ans…
Published	09/15/2024	What is the effect on the person who acquires by hereditary title when the decedent was in bad faith?
Published	09/15/2024	Can minors and incapacitated persons acquire the posession of things?
Published	09/15/2024	Modes thru which posession cannot be acquired
Published	09/18/2024	How can possession be recovered?
Published	09/15/2024	GR: Possession as a fact cannot be recognized at the same time in two different personalities.XPNs {{c1::Co-posessors (co-ownership)Posession in diffe…
Published	09/15/2024	Rules or criteria to be used in case of conflict regarding possession
Published	09/15/2024	Rules on Preference of Ownership (Art. 1544 - Double Sales)Movable - {{c1::preference is given to the person who first possessed it in&nb…
Published	09/16/2024	Inclusions in the right to be respected in possession
Published	09/22/2024	Reasons why possession is protected
Published	09/16/2024	Reasons for requiring legal means to restore possession
Published	09/16/2024	Art. 540. {{c1::Only the possession acquired and enjoyed in the concept of owner}} {{c2::can serve as a title for acquiring dominion. }}
Published	09/22/2024	When can it be presumed that the possessor has just title?
Published	09/16/2024	What is the difference between "just title" in Possession and in Prescription?
Published	09/16/2024	Kinds of Titles
Published	09/16/2024	Art. 542. The possession of real property presumes {{c1::that of the movables therein,}} so long as it is not shown or proved that they should be e…
Published	09/18/2024	How is posession acquired?
Published	09/18/2024	Constitutum possessorium
Published	09/18/2024	Traditio brevi manu
Published	09/18/2024	What are the elements of forcible entry? {{c1::The plaintiff had prior physical possession of the property;}}{{c1::The plaintiff was deprived of …
Published	09/22/2024	Who benefits from improvements caused by nature or time in a possession case?
Published	09/22/2024	What is the liability of a possessor in good faith for the deterioration or loss of the thing possessed?
Published	09/22/2024	Is a possessor in bad faith liable for loss or deterioration, even in case of fortuitous events?
Published	09/22/2024	A possessor in good faith accidentally burns down a house before receiving a judicial summons. Is the possessor liable?
Published	09/22/2024	A possessor in bad faith occupies a house, which is later destroyed by a fortuitous event before judicial summons. Is the possessor liable?
Published	09/22/2024	Is a person who recovers possession required to pay for improvements that no longer exist when they take possession?
Published	09/22/2024	What is the presumption regarding possession during the intermediate period when a person shows possession at a previous time?
Published	09/22/2024	If A possessed a piece of land in 1951 and still possesses it now, what is the presumption regarding possession during the intervening period?
Published	09/22/2024	What are the ways a possessor may lose possession under Article 555?A possessor may lose possession by:{{c1::Abandonment of the thing.}}{{c1::Assignme…
Published	09/22/2024	What constitutes abandonment of possession? (requisites)Abandonment is the voluntary renunciation of a thing and requires:{{c1::The abandoner must hav…
Published	09/22/2024	How does assignment cause the loss of possession?
Published	09/22/2024	What happens when another person possesses the property for more than one year?
Published	09/22/2024	How does destruction or loss of a thing result in loss of possession?
Published	09/22/2024	When is possession of movables considered lost under Article 556?
Published	09/22/2024	What happens when a person finds a lost movable?
Published	09/22/2024	How is possession of immovables and real rights lost or transferred under Article 557?
Published	09/22/2024	What happens if someone possesses land for the required period, but it is registered in someone else’s name? (Perspective of Third Parties under Artic…
Published	09/22/2024	Can acts relating to possession by a mere possessor bind the owner?
Published	09/22/2024	What is the general rule (and exception) for the possession of movable property acquired in good faith?
Published	09/22/2024	Can an owner recover a lost or stolen movable from a possessor in good faith
Published	09/22/2024	When must an owner reimburse the possessor of a lost or stolen movable
Published	09/22/2024	When can the owner not recover a movable, even if they offer to reimburse?
Published	09/22/2024	What is the presumption when a person is found in possession of recently stolen property?
Published	09/22/2024	How can the true owner contest the title of a possessor in good faith?
Published	09/22/2024	What happens when a possessor has already become the owner through prescription under Article 559?
Published	09/22/2024	When is possession of wild animals considered lost under Article 560?Possession of wild animals is lost when:{{c1::They are under another's control.}}…
Published	09/22/2024	When does the possessor of domesticated or tamed animals lose possession under Article 560?
Published	09/22/2024	What is the effect of recovering possession unjustly lost under Article 561?
Published	09/22/2024	To whom does the presumption of continuous possession under Article 561 apply?
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