Short answer. Yes. The Civil Code expressly recognizes that possession may be exercised in one's own name or in that of another. An agent, tenant, or any person acting on behalf of someone else can hold legal possession of property in that other person's name.
What the law says
Possession may be exercised in one's own name or in that of another.
Civil Code, Article 524 — Possession Through Another. Read the full provision →
Two forms of possession recognized by law
Article 524 of the Civil Code is a foundational provision: Possession may be exercised in one's own name or in that of another. This simple sentence reflects a fundamental distinction in Philippine property law. Possession in one's own name means asserting rights as the possessor for your own account — as owner, or as someone claiming ownership through prescription. Possession in another's name means occupying or controlling property on behalf of the true owner or right-holder — as their agent, representative, lessee, or similar.
What possession in another's name looks like
Possession in another's name is common in everyday transactions. A tenant occupies a property on behalf of the landlord — the landlord retains ownership and the tenant possesses the premises as part of a lease arrangement. An agent who takes custody of property for their principal holds it in the principal's name. A guardian who manages a minor's property holds it for the minor. In each case, the person physically controlling the property does so not for their own account but as a representative of the true owner or right-holder.
Why this distinction matters
The distinction between possessing in one's own name and possessing in another's name has significant legal consequences, particularly for acquisitive prescription — the process by which long, continuous possession can ripen into ownership. A person who possesses land in another's name does not accumulate time toward ownership through prescription, because their possession is on behalf of and consistent with the owner's title. Prescription runs only when a person possesses as though they were the owner, with the intent to claim the property as their own.
Practical applications
If you are managing property, acting under a power of attorney, holding a rental unit, or otherwise occupying or controlling property on behalf of another person, your possession is in that other person's name under Article 524. The owner still has possession — through you. This matters if a third party claims the property has been abandoned or tries to assert prescriptive rights based on the owner's absence. The owner's possession, exercised through you, is still possession for legal purposes and can be counted toward continuity of ownership.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Heirs of Leopoldo Esteban, Sr., Represented Herein By Leopoldo Esteban, Jr. vs. Lynda Lim Llaguno, G.R. No. 255001, June 14, 2023 — read the decision on LawPhil →
- Rufino B. Requina, Sr. vs. Eleuteria B. Erasmo, G.R. No. 221049, December 7,2022 — read the decision on LawPhil →
- Heirs of Jose Extremadura, represented by Elena H. Extremadura vs. Manuel Extremadura and Marlon Extremadura, G.R. No. 211065, June 15, 2016 — read the decision on LawPhil →
- Bonifacio Peidad, represented by Maria Inspiracion Peidad-Danao vs. Sps. Victorio Gurieza and Emeteria M. Gurieza, G.R. No. 207525, June 18, 2014 — read the decision on LawPhil →