- Statute
- Civil Code
- Article
- Art. 532
- Topic
- Acquisition of Possession
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE V POSSESSION
- Chapter
- CHAPTER 2 Acquisition of Possession
- Formerly
- Art. 439a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Possession may be acquired by the same person who is to enjoy it, by his legal representative, by his agent, or by any person without any power whatever: but in the last case, the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same, without prejudice to the juridical consequences of negotiorum gestio in a proper case. (439a)
Intellegal Wiki · In plain terms
Possession can be acquired by the person who will enjoy it, by a legal representative or agent, or even by someone acting with no authority at all. In that last case, possession is not treated as acquired until the person in whose name the act was done ratifies it — without prejudice to the rules on negotiorum gestio (unauthorized management of another's affairs).
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Maria Gonzalez v. Simeon Blas G.R. No. 1477
- Vicente Delgado v. Pedro Bonnevie G.R. No. 7097