After learning how can you acquire possession, read also: WHAT IS POSSESSION?
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Possession is acquired by material occupation of a thing or the exercise or a right
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It can also be acquired by the fact that a thing is subject to the action of our will
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Possession may also be acquired by the proper acts and legal formalities for acquiring such right
Minors and incapacitated persons may acquire possession of things or rights.
Incapacitated persons are those whose capacity to act are legally restricted because of their physical or mental condition. In acquiring possession of things or rights, minors and incapacitated persons need the assistance of their legal representatives.
In a previous article, the concept of possession was discussed.
How do you acquire possession?
The law says:
Possession is acquired by material occupation of a thing or exercise of a right. It can also be acquired by the fact that a thing is subject to the action of our will. Possession may also be acquired by the proper acts and legal formalities for acquiring such right such as the execution of a Deed of Absolute Sale or Real Estate Mortgage among others.
Must the possession of a thing or right be acquired only by the same person who is to enjoy it?
The law says:
No.
Possession may be acquired not only by the person who is to enjoy it but may also be acquired by his legal representative, by his agent, or by any person without any power whatever. In the last case, the possession is not considered as acquired until the person in whose name the act of possession was executed has ratified the same.
For instance, Shaun went to Illinois leaving behind Thirty-four (34) mango trees in the Philippines. His mango trees were fenced. Seeing that several mangoes keep on falling from the trees due to maturity without the owner or any of his representative to gather the same for fruitful consumption, Andre who is Shaun’s neighbor voluntarily gathered the same and harvest the matured fruits. Prior to gaining entry on the land where the mango trees were planted, Andre used force to destroy some parts of the fence. While Shaun was absent, Andre voluntarily took charge of the management of the mango trees.
The question is, in that case, does Andre acquired possession over the 34 mango trees?
It depends.
If Andre was able to communicate with Shaun regarding the scenario and the latter has ratified the act of the former and allowed him to manage the fruit trees, the former now acquired possession of 34 mango trees in the concept of a holder.
But, if Shaun has objected to the continued management of Andre of his 34 mango trees and did not ratify the act of the latter in destroying his fence to gain entry, Andre never acquired possession of the same. In the same manner, Andre will never acquire possession of the 34 mangoes as long as Shaun objects to his management of the same.
On the other hand, if Shaun has decided to permanently reside in Illinois and decided to sell the land where the 34 mangoes were planted to Andre and the latter agreed, Andre now becomes in possession of the land and the 34 mangoes in the concept of an owner after Andre paid the price agreed upon.
Can possession be recognized at the same time in two different personalities?
The law says:
Generally, possession as a fact cannot be recognized at the same time in two different personalities except in cases of co-possession.
Should a question arise regarding the fact of possession, the present possessor is preferred; if there are two possessors, the longer in possession; if the dates of possession are the same, the one who presents a title; and if all these conditions are equal, the thing will be placed in a judicial deposit pending determination of its possession or ownership through proper proceedings.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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Please help us.
May court order napo for squash demolition bakit po kami mapa Alis sa area na tinitirhan namin kung kami ay almost 20years nang nakatira sa lugar at ang area ay walang apply at walang tax declaration . Ang kiniclaim nila ay 44hectars ngunit ang actual possession nila ay isang abandon building at may tanim na hindi about sa 1hectar. . Ngunit gusto nilang kunin ang buong 44hectars no special patent and no apply.
Good day. Kung hindi po sa inyo nakapangalan ang titulo ng lupa, maaari po talaga kayong mapaalis sa lugar. Kung nakapagpakita po sila ng ebidensya o titulo na sa kanila nakapangalan ang 44 hectares, sa kanila po talaga ang lupa.