- Statute
- Philippine Civil Code
- Article
- Art. 538
- 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. 445 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
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)
Intellegal Wiki · In plain terms
The same fact of possession cannot be held by two persons at once, except in co-possession. If there is a dispute, the law prefers the present possessor; if two claim, the one longer in possession; if equal, the one with a title; and if still equal, the court decides. It sets the order of preference for competing possession claims.
An editorially maintained plain-language explanation of this provision — not legal advice.
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