Civil Code Art. 538: Acquisition of Possession

Statute: Civil Code
Article: Art. 538
Topic: Acquisition of Possession
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE V POSSESSION
Chapter: CHAPTER 2 Acquisition of Possession
Formerly: Art. 445 of the old Civil Code
Year: 1949

The provision

Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. Should a question arise regarding the fact of possession, the present possessor shall be preferred; if there are two possessors, the one longer in possession; if the dates of the possession are the same, the one who presents a title; and if all these conditions are equal, the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. (445)

Cases applying this article

B.E. San Diego v. Court of Appeals G.R. No. 159230
Herminia Estrella v. Gregorio Robles, Jr. G.R. No. 171029

Related provisions in this Chapter

Civil Code, Art. 537 Acquisition of Possession
Civil Code, Art. 536 Acquisition of Possession
Civil Code, Art. 535 Acquisition of Possession
Civil Code, Art. 532 Acquisition of Possession
Civil Code, Art. 531 Acquisition of Possession

Civil Code, Art. 538 is found in CHAPTER 2 Acquisition of Possession of TITLE V POSSESSION of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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