Art 556 - When Possession of Movable is Lost and Not Lost

Possession of movables is lost - possessor has no idea at all

about the whereabouts of the movable.
- Possessor lost juridical control of the thing.
Possession of movables is not lost - when more or less, the
possessor knows the general location, though he may not
know the precise or definite location.
- The thing remains within the patrimony of the possessor.
Art 557 - Lost of immovable with respect to third persons.
Art 558 - Acts of Mere Holder
Art 559 - When Possession of movable is equivalent to
Title.
Bad Faith - is never equivalent to title.
Good Faith - general rule is equivalent to title (thus, owner
has to reimburse if he desire to get back)
- When the owner lost the thing or unlawfully deprived of it not equivalent to title. If the possessor acquired it in GF at a
"public sale" - equivalent to title, that even if the thing was
stolen from the owner, he must, if he desires to get it back,
reimburse the possessor.
The title of the possessor who acquired the thing in GF is not
absolute and may be defeated by the true owner who
reimburses it.
- Though the ownership is not absolute, the same may ripen
into full ownership thru acquisitive prescription (4 years GF
for movables / 10 BF for movables)
- Unlike real properties, just title must be proven for the
purposes of prescription.
- The possession be in the concept of the owner - thus the
real owner has lost the thing / unlawfully deprived thereof.
Owner has been unlawfully deprived of his car - though the
possessor acquired it in good faith, the possession of the
same is not equivalent to title, because the owner has been
unlawfully deprived thereof.
Car purchased from public sale in GF - the possessor must
be reimbursed of the value thereof, it the owner has
Lost - misplaced / missed; Unlawfully deprived - Theft,
estafa, robbery - both gives no title to the possessor, unless
purchased from the public sale.
Depositary committed estafa for selling the car, hence an
object of the crime.
Generally, there is no crime when the possessor failed to pay
the purchase price in favour of the real owner. Since, there is

no losing / unlawful deprivation, the real owner cannot

reimburse and recover the goods.
The real owner could successfully get back the ring from the
pawnshop when he was unlawfully deprived thereof. The
taking back is without reimbursement because no public sale
was made, even if the pawnshop is in GF, the owner has
been unlawfully deprived - possession not equivalent to title.
Notes:
Owner may recover without reimbursement
- possessor in BF
- possessor in GF - Lost / unlawfully deprived.
Owner may recover but should reimburse
- owner get back the things sold in public sale.
Owner cannot recover even if he offers reimbursement
- merchant stores, fairs, markets, sellers authority
Cases:
No reimbursement for private sale
Owner cannot recover money / negotiable document from a
3rd person possessor - money does not bear the earmarks of
particular ownership.
Owner could recover the thing from the pawnshop without
reimbursement:
-pledge was not valid, not executed by the owner.
- owner was illegally deprived
- pawnshop should require customers to first prove
ownership of things pledged.
Registration of sale - not make the sale a public sale.
Recovery is denied even if the owner was deprived thereof
thru crime, where the purchase was made thru merchant
store, fairs, markets.
Art 560 - Possession of Wild Animals
- Wild animals are possessed only while they are under one's
control, thus lost if they are under another's control.
- No one's control if the animals have regained their natural
freedom (res nullius)
- Possession of them was possible only whe power or forced
could be exercised over them.
- eliminate the control, and eliminate the possession.
Domesticated - wild animals which have become tamed /
submit's to man's control, as long as they habitually return
to possessor's premises.
The owner of domesticated animals may claim them within
20 days, from occupation of another.