Atun, et al. vs. Nuez, et al.

Act 496, Section 40 of the Old Civil

Code:
No title to registered land in derogation
to that of the registered owner shall be
acquired by prescription or adverse
possession

Right of registered owner to recover

possession of the registered property
is equally imprescriptible, since

Barcelona vs. Barcelona

The property in litigation, being registered
land under the provisions of Art. 496 (Old
Civil Code) is not subject to prescription.
Prescription is unavailing not only against
the registered owner, but also against his
hereditary successors
the latter merely step into the shoes of the
decedent by operation of law, and are merely
the continuation of the personality of their
predecessor-in-interest

Arriola vs. Gomez de la

Serna
Article 1957, Old Civil Code
Ownership and other property rights in real
property shall prescribe by possession for ten
years as to persons present, and for twenty
years with regard to those absent, with good
faith and proper title

Article 1950, Old Civil Code

Good faith of the possessor consists of his
belief that the person from whom he received
the thing was the owner of the same and could
convey his title

Arriola vs. Gomez de la

Serna
Article 434, Old Civil Code
Good faith is always presumed, and any
person alleging bad faith on the part of the
possessor is obliged to prove it

Article 442, Old Civil Code

A person inheriting by hereditary title shall
not suffer the consequences of faulty
possession of the testator, unless it is
proved that he had knowledge of the
defects affecting it

Santiago vs. Cruz

A person who acquired possession by
force and violence, taking the law in
his own hands, shall suffer the
consequences of his lawlessness,
whether he was a part of the
property or not

Cagaoan vs. Cagaoan and Register

of Deeds of Pangasinan
Article 1473, Old Civil Code
Property goes to the vendee who first
records his title in the registry of
property. If the sale is not recorded by
either vendee, the property goes to the
one who takes possession of it in good
faith, and in the absence of both record
and possession, to the one who presents
the oldest title, provided there is good
faith.

Cuaycong vs. Benedicto

Possession, to constitute the
foundation of a prescriptive right,
must be possession under claim of
title. Acts of possessory character
performed by one who holds by the
mere tolerance of the owner cannot
be made the basis of the prescriptive
acquisition of rights.