Professional Documents
Culture Documents
1
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
ii. It continues to be peaceful even if the possessor should use such force as is reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion of the
property
d. Uninterrupted:
i. Possession is continuous when the possessor has never cease to manifest with external acts
his intention to exercise a right over a thing, which presupposes that he never ceased to
exercise the right.
ii. This is continuity is not understood in an absolute sense but only in relation to the nature of
the right exercised
1. If the enjoyment of the right, from its nature, is at intervals, continuity of the acts of
enjoyment are exercised at such intervals
iii. Possession is uninterrupted if there has been no act of deprivation of enjoyment of the things
by a third person, or any other act which interrupts prescription
Article 1120.
Possession
is interrupted for
the
purposes of prescription, naturally or
civilly
Effects of Interruption:
1. Prescription vs. Suspension
Prescription
All the benefits
acquired
so
far
from
the
possession cease,
when prescription
runs again, it will
entirely be a new
one.
Suspension
The past period is
included
in
the
computation,
being
added to the period
after prescription is
resumed
Ex: When a child
becomes insane; a
ward is placed under
guardianship
2
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
lapse;
(3) If the possessor should be absolved from
the complaint.
In all these cases, the period of the
interruption shall be counted for the
prescription. (1946a)
Effect of
Recover
y
of
possessi
on
Natural
Interruption
The
old
possession
loses all its
juridical effects
,and even if
the possession
is reacquired,
the
old
possession
cannot
be
tacked to the
new
possession for
purposes
of
prescription
Civil
interruption
if
the
possession
is
recovered,
it
can
be
connected
to
the time that
has elapsed as
if it were in fact
continuous
;
the period of
interruption is
to be counted
for
the
prescription
Art. 1125.
Any express or tacit recognition which the
possessor may make of the owner's right
also interrupts possession.
In order to interrupt prescription, the recognition of the owners right must be made by the
possessor.
The declaration of a 3rd person that the property does not belong to the possessor, when such
declaration has not been authorized or ratified by the possessor, does not interrupt the possession
for the prescription
Article 1126
Against a title recorded in the Registry of
Property, ordinary prescription of ownership
or real rights shall not take place to the
prejudice of a third person, except in virtue
of another title also recorded; and the time
shall begin to run from the recording of the
latter.
As to lands registered under the Land
Registration Act, the provisions of that
special law shall govern.
The owner of the thing at the beginning of the prescriptive period is not considered as a third
person within the meaning of this rule
Those who acquire their rights subsequently, relying on the
registration of ownership in the
Registry, must be considered as 3rd persons, and they cannot be prejudiced by the period of
possession prior to the date of acquisition.
3
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
1.
2.
3.
4.
That
That
That
That
The time of prescription to the prejudice of those who are not considered as 3 rd persons with
recorded titles shall be counted from the commencement of the possession under title.
Registered Lands
Adverse possession may not be allowed to defeat the owners right to possession of land registered
under the Torrens system;
Otherwise, loss of the land by prescription would be indirectly approved, in violation of Section 46 of
the Land Registration Act.
Prescription is also not allowed against the registered owners hereditary successors because the
latter merely step into the shoes of the decedent and are merely the continuation of the personality
of their predecessor in interest
Laches (not prescription) may be set up as to registered land.
Article 1127
The good faith of the predecessor consists
in the reasonable belief that the person
from which he received the thing was the
owner thereof, and could transmit his
ownership
Article 1128
The conditions of good faith required for
possession in Article 526, 527, 528 and 529
of this Code are likewise necessary for the
determination of good faith in the
prescription of ownership and other real
rights
Article 1129
For the purposes of prescription, there is
just title when the adverse claimant came
into possession of the property through one
of the modes recognized by law for the
acquisition of ownership or other real rights,
but the grantor was not the owner or could
not
transmit any right
4
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
Article 1130
The title for prescription, just title must be
true and valid
Article 1131
For the purposes of prescription, just title
must be proved; it is never presumed
For purposes, the title of the possessor must be just, true, valid, and proved
Just Title
Is an act which has for its purpose the transmission of ownership, and which would have actually
transferred ownership if the grantor has been the owner.
This vice or defect is cured by prescription
The following does not constitute title:
o Lease of things
o Loan
o Deposit
o All other contracts which do not transmit property rights
o Partition, compromise and court decisions which are all declaratory of property rights, but do
not transmit them
True Title
To be true, the title must exist actually, and not merely in the mind of the possessor
A legally non-existent title is without value.
A will cannot be a sufficient title if it has been revoked by an unknown subsequent will which is later
discovered. So is a title that is absolutely simulated
But where there is only relative simulation, the true title hidden behind the fictitious one will suffice.
A simulated title which conceals a prohibited act cannot serve as a basis for prescription
False Title
One which does not exist but is believed by the possessor to exits
A false belief may base on an error of fact or law
If the mistake of fact refers to an act of a third person, the title is sufficient for prescription
If it refers to an act of the possessor himself, it is not sufficient
If the error of law refers to the validity of the act, then the title is not adequate
If the mistake refers to a fact in the application of a rule of law, there will be an adequate title
Ex: If one buys from an insane person, believing that an insane person can validly alienate
property, the title is not sufficient; but if he did not know that the vendor was insane, the title is
sufficient
Revocable Title
One in which the transferor has made a reservation by virtue of which the right of the possessor
may disappear, cannot serve as a basis for prescription;
but once the reservation becomes ineffective, the period that has run can be counted for the
prescription
Valid Title
the validity of the title means that it should be sufficient to transmit the right if the grantor had
been the owner
a void title is not sufficient
A voidable title, so long as it has not been annulled, can be the basis of ordinary prescription
5
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
When the title is subject to a suspensive condition, the period of prescription begins to run from
the fulfillment of the condition.
If the condition is resolutory, the period begins at once without prejudice to the effect of the
resolution by the condition which may later happen.
Article 1131 which requires proof of title refers to the creation or acquisition of the right of
ownership and therefore demands greater guaranty of existence of a title.
Article 1132
The ownership of movables prescribes
through uninterrupted possession for 4
years, in good faith.
The ownership of personal property also
prescribes through uninterrupted possession
for 8 years, without need of any other
condition.
With regard to the right of the owner to
recover personal property lost or of which
he has been illegally deprived, as well as
with respect to movables acquired in a
public sale, fair or market, or from a
merchants store, the provisions of Articles
559 and 1505 of this Code shall be
observed
Article 1133.
Movables possessed through a crime can
never be acquired through prescription by
the offender
Article 1134
Ownership and other real rights over
immovable property are acquired by
ordinary prescription through possession of
10 years
Article 1135
In case the adverse claimant possesses by
mistake an area greater, or less than that
expresses in his title, prescription shall be
based on the possession.
Constructive Possession
This is the principle wherein the possession upon which prescription is based, is not limited to the
area actually occupied, but covers the area over which the possession is asserted.
The actual possession of a part of a tract of land, with title or claim to the whole, with intention to
claim everything within the title or the area over which the right is asserted, is possession of the
whole as will serve as a basis for prescription of the entire tract.
Article 1136
Possession in wartime, when the civil courts
6
| Compiled and Prepared by Vina Cagampang
PRESCRIPTION Chapter 2
In order that there can be tacking of possession, the present possessor must have obtained his
possession from the previous possessor.
There must be privity between them
Tacking is possible only when there is a succession of rights between the predecessor and the
successor.
A mere usurper cannot invoke the possession of any previous possessor.
7
| Compiled and Prepared by Vina Cagampang