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I. Give at least 5 presumptions in favor of possession: 5.

The Possession in the Concept of Holder acknowledges a superior right in


another person which the possessor admits the ownership.
1. Article 527. Good faith is always presumed, and upon him who alleges bad
faith on the part of a possessor rests the burden of proof. III. B bought a parcel of land from A with an evidence Deed of Sale. B planted a few
2. Article 529. It is presumed that possession continues to be enjoyed in the fruit bearing trees therein but did not construct nipa hut therein. Unknown to B, A again
same character in which it was acquired, until the contrary is proved. (436) sold the parcel of land to X, who was persuaded to buy the same because X found out
3. Article 537. Acts merely tolerated, and those executed clandestinely and that indeed no one possessed the property. X established a resort in the property.
without the knowledge of the possessor of a thing, or by violence, do not affect Upon discovery, B sued X for recovery of possession. DECIDE.
possession.
B can recover the possession of the land from X. According to Article 538,
II. Give at least 5 consequences of Possession in the Concept of an Owner and 5 possession as a fact cannot be recognized at the same time in two different
consequences of Possession in the Concept of Holder: personalities except in the cases of co-possession. Should a question arise
regarding the fact of possession, the present possessor shall be preferred; if
Consequences of Possession in the Concept of an Owner there are two possessors, the one longer in possession; if the dates of the
1. Article 540. Only the possession acquired and enjoyed in the concept of owner possession are the same, the one who presents a title; and if all these
can serve as a title for acquiring dominion. (447) conditions are equal, the thing shall be placed in judicial deposit pending
2. Article 541. A possessor in the concept of owner has in his favor the legal determination of its possession or ownership through proper proceedings.
presumption that he possesses with a just title and he cannot be obliged to Here, B has an evidence Deed of Sale. Thus, B is the present possessor and
show or prove it. has better right than X.
3. Article 544. A possessor in good faith is entitled to the fruits received before
the possession is legally interrupted. IV. Representing himself to be the Dean of the College of Law of the Polytechnic
4. Article 545. If at the time the good faith ceases, there should be any natural or University of the Philippines, A ordered for a complete set of SCRA from REX bookstore
industrial fruits, the possessor shall have a right to a part of the expenses of for which the latter prepared an invoice and delivered to the address of A, who in turn
cultivation, and to a part of the net harvest, both in proportion to the time of paid a check. Within the day, A in turn sold the complete set of SCRA TO B, who paid
the possession. in cash. Before A’s check cleared, he again ordered another set of SCRA from REX
The charges shall be divided on the same basis by the two possessors. bookstore but this time the latter refused. After three days, A’s check was dishonored.
The owner of the thing may, should he so desire, give the possessor in good REX bookstore sought the assistance of the police and accosted A for questioning who
faith the right to finish the cultivation and gathering of the growing fruits, as an later divulged the name and address of B, his buyer. Rex Bookstore now sues B for
indemnity for his part of the expenses of cultivation and the net proceeds; the recovery of the complete set of SCRA allegedly for having bought the stolen
possessor in good faith who for any reason whatever should refuse to accept merchandise. B refused. Can Rex Bookstore compel B to deliver the SCRA to REX
this concession, shall lose the right to be indemnified in any other manner. Bookstore? DECIDE using as your arguments the principles of possession.
5. Article 546. Necessary expenses shall be refunded to every possessor; but
only the possessor in good faith may retain the thing until he has been REX Bookstore cannot compel B to return the SCRA. The transaction between
reimbursed therefor. REX Bookstore and A is a contract of sale which is perfected by the meeting
Useful expenses shall be refunded only to the possessor in good faith with the of the minds as to the object and consideration. By the delivery of SCRA in
same right of retention, the person who has defeated him in the possession exchange of a check, the contract of sale is deemed perfected and
having the option of refunding the amount of the expenses or of paying the consummated. The law provides that the possession of movable property
increase in value which the thing may have acquired by reason thereof. acquired in good faith is equivalent to a title. Nevertheless, one who has lost
any movable or has been unlawfully deprived thereof, may recover it from the
Consequences of Possession in the Concept of Holder person in possession of the same. REX Bookstore has not been unlawfully
1. Article 554. A present possessor who shows his possession at some previous deprived of the SCRA. Thus, REX may not recover it from the person in
time, is presumed to have held possession also during the intermediate possession of the same.
period, in the absence of proof to the contrary.
2. Article 561. One who recovers, according to law, possession unjustly lost, V. X, a student, urgently needed money to fund his Valentine’s date. He gave his Iphone
shall be deemed for all purposes which may redound to his benefit, to have to his classmate, Y with instructions to sell it. Unfortunately, Y could not sell the same
enjoyed it without interruption. because of the high price and instead pawned the same to Z, a pawnshop. Y pocketed
3. Article 552. A possessor in good faith shall not be liable for the deterioration the money. Upon discovery, X decided to claim the Iphone from the Z pawnshop. Z
or loss of the thing possessed, except in cases in which it is proved that he refused.
has acted with fraudulent intent or negligence, after the judicial summons.
A possessor in bad faith shall be liable for deterioration or loss in every case, 1. Can Z validly refuse to return the Iphone to X? Why?
even if caused by a fortuitous event. No, Z cannot refuse to return the Iphone to X. Y has fraudulently and in bad
4. Possession in the Concept of a Holder will never become ownership. faith, disposed of and pledged the Ipone contrary to the agreement, with no
ownership and to the prejudice of X. X is not estopped from recovering his
property which has been unlawfully pledged by another. This is consistent with
Article 559 which provides that the possession of movable property acquired
in good faith is equivalent to a title. Nevertheless, one who has lost any
movable or has been unlawfully deprived thereof, may recover it from the
person in possession of the same.

2. Assume that the Iphone was already auctioned and is now with A, can X validly
recover the same? If yes, under what circumstance/s?
No, X can no longer recover the Iphone. He may only be allowed to recover it
if X indemnifies A for the price paid therefor. Paragraph 2 of Article 559 states
that if the possessor of a movable lost or which the owner has been unlawfully
deprived, has acquired it in good faith at a public sale, the owner cannot obtain
its return without reimbursing the price paid therefor.

3. Assume that the Iphone was sold and delivered by Y to A, who paid in full but Y did
not give the proceeds of the sale to X, may the latter still recover from A?
No, X may not recover the Iphone from A. Y has been given the authority to
sell the Iphone to A. Hence, the transaction conducted by Y and A is valid and
lawful. Paragraph 2 of Article 559 states that if the possessor of a movable
lost or which the owner has been unlawfully deprived, has acquired it in good
faith at a public sale, the owner cannot obtain its return without reimbursing
the price paid therefor. Since A bought the thing from Y in good faith, the
possession has already been transferred and X has already lost the
possession. The valid sale does not allow X to recover the property anymore.

4. Assume that the Iphone was stolen from X by C who sold to D who sold to E, can X
still recover the Iphone from E?
Yes, X can still recover from E.

Article 559. The possession of movable property acquired in good faith is


equivalent to a title. Nevertheless, one who has lost any movable or has been
unlawfully deprived thereof, may recover it from the person in possession of
the same.

5. Prescinding from no. 4, under what circumstance may X not be able to recover his
Iphone from E, despite the fact that the Iphone was previously stolen by C.
X may not be able to recover his Iphone only when E has acquired it in good
faith at a public sale

Article 559. The possession of movable property acquired in good faith is


equivalent to a title. Nevertheless, one who has lost any movable or has been
unlawfully deprived thereof, may recover it from the person in possession of
the same.

If the possessor of a movable lost or which the owner has been unlawfully
deprived, has acquired it in good faith at a public sale, the owner cannot obtain
its return without reimbursing the price paid therefor.