Short answer. No. Article 555 of the Civil Code lists the destruction or total loss of the thing as one of the ways a possessor loses possession. Once the thing is completely destroyed, there is nothing left to possess, so your legal possession of that specific thing ends at that point.
What the law says
By the destruction or total loss of the thing, or because it goes out of commerce
Civil Code, Article 555 — How Possession Is Lost. Read the full provision →
What the law says
But the real right of possession is not lost till after the lapse of ten years
Civil Code, Article 555 — How Possession Is Lost. Read the full provision →
What Article 555 lists as ways to lose possession
Article 555 of the Civil Code sets out an enumerated list of how a possessor loses possession: "(1) By the abandonment of the thing; (2) By an assignment made to another either by onerous or gratuitous title; (3) By the destruction or total loss of the thing, or because it goes out of commerce; (4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year." Destruction sits third on that list, named explicitly as its own ground.
Destruction ends possession directly
The article treats "the destruction or total loss of the thing, or because it goes out of commerce" as its own standalone way possession ends — distinct from abandonment, from transferring it to someone else, and from someone else taking it over. Once the thing itself is gone, there is nothing left for the concept of possession to attach to; the article recognizes that directly rather than treating destruction as a lesser variation of abandonment or loss of control.
The ten-year survival rule doesn't apply here
Article 555 closes with a separate rule: "But the real right of possession is not lost till after the lapse of ten years." That sentence follows immediately after the point about another person's possession lasting more than a year, and it is tied to that scenario — someone else physically holding the thing — not to destruction. When the thing itself no longer exists, there is no rival possessor whose year of possession the ten-year rule is measuring against, so that survival period has nothing left to apply to.
What this means practically
If what you possessed has been completely destroyed, your legal possession of that specific thing has ended under this article — there is no remaining object for the law to say you still hold. This provision addresses possession of the thing itself only; it does not speak to any separate rights that might survive destruction, such as a claim for compensation or insurance arising from the loss, which would be governed by other rules entirely and are not addressed by this article.
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.
- The Heirs of Alfredo Cullado, namely: Lolita Cullado, et al. vs. Dominic V. Gutierrez, G.R. No. 212938, July 30, 2019 — read the decision on LawPhil →
- Adoracion L. Basilio and Lolita P. Lucero vs. Perla Callo, G.R. No. 223763, November 23, 2020 — read the decision on LawPhil →
- Heirs of Jose Peñaflor vs. Heirs of Artemio and Lydia Dela Cruz, G.R. No. 197797, August 9, 2017 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 555 — How Possession Is Lost
- Civil Code, Article 537 — Acts That Do Not Affect Possession