POSSESSIONPossession- The holding of a thing or the enjoyment of a right.Requisites: (OIR)1. Occupancy, apprehension, or taking of a thing or right (possession in fact)2. Deliberate intention to possess (animus possidendi)3. By virtue of ones own rightin his own name or in that of another. (524)Forms or Degrees of Possession (WJJF)1. Possession without any titlemere holding without any right at all. Ex. Thief or squatter.2. Possession with juridical titlepredicated on juridical relation existing between the possessor and the owner. Ex. Lessee, usufructuary, depositary, agent, pledgee and trustee.3. Possession with just title sufficient to transfer ownership. Ex. Seller is not the true owner or could not transmit his right thereto to a possessor who acted in GF.4. Possession with a title in fee simplederived from the right of dominion or possession of an owner. This is the highest degree of possession.Classes of Possession (GO BAHO)1. Possession in ones own namepossessor claims the thing/right for himself. (524)2. Possession in name of anotherpossessor holds the thing/right owned by another. (524)Note: Subject to ratification if not authorized by principal.This may be:a. Physical or material Possession: as when possessor is a mere custodian (i.e. possession of money by a bank teller.b. Juridical: when possession gives the transferee a right over the thing which the transferee may set-up against the owner. (i.e. possession of ...
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