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    Acquisitive Prescription2

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    Wreigh Paris
    Acquisitive prescription is a mode of acquiring ownership of property through possession over a period of time. Ordinary acquisitive prescription of immovable property and other real rights requires possession for 10 years that is in good faith and with just title. Possession must be public, peaceful, continuous and in the concept of an owner in order to ripen into ownership through acquisitive prescription.

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    Acquisitive Prescription2

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    Wreigh Paris
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    Acquisitive prescription is a mode of acquiring ownership of property through possession over a period of time. Ordinary acquisitive prescription of immovable property and other real rights requires possession for 10 years that is in good faith and with just title. Possession must be public, peaceful, continuous and in the concept of an owner in order to ripen into ownership through acquisitive prescription.

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    Acquisitive prescription is a mode of acquiring ownership of property through possession over a period of time. Ordinary acquisitive prescription of immovable property and other real rights requires possession for 10 years that is in good faith and with just title. Possession must be public, peaceful, continuous and in the concept of an owner in order to ripen into ownership through acquisitive prescription.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    293 views2 pages

    Acquisitive Prescription2

    Uploaded by

    Wreigh Paris
    Acquisitive prescription is a mode of acquiring ownership of property through possession over a period of time. Ordinary acquisitive prescription of immovable property and other real rights requires possession for 10 years that is in good faith and with just title. Possession must be public, peaceful, continuous and in the concept of an owner in order to ripen into ownership through acquisitive prescription.

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    ACQUISITIVE PRESCRIPTION

    Definition:
    Art. 1117. Acquisitive prescription of dominion and
    other real rights may be ordinary or extraordinary.
    Ordinary acquisitive prescription requires possession
    of things in good faith and with just title for the time fixed
    by law.1
    Art. 1134. Ownership and other real rights over
    immovable property are acquired by ordinary presciption
    through possesion of ten years.2
    Ordinary acquisitive prescription of immovables and
    other real rights through adverse possession of ten years
    requires possession in good faith and with just title for the
    time fixed by law.3(Underscored Ours)

    Acquisitive prescription is a mode of acquiring ownership by a


    possessor through the requisite lapse of time.
    In order to ripen into ownership, possession must be in the concept of
    an owner, public, peaceful and uninterrupted. Thus, mere possession with a
    juridical title, such as by a usufructuary, a trustee, a lessee, an agent or a
    pledgee, not being in the concept of an owner, cannot ripen into ownership
    by acquisitive prescription, unless the juridical relation is first expressly
    repudiated and such repudiation has been communicated to the other party.
    (Marcelo vs. Court of Appeals, G.R. No. 131803, April 14, 1999)

    Article 1117 of the New Civil Code of the Philippines.


    Article 1134 of the New Civil Code of the Philippines.
    3
    Negrete vs. Court of First Instance of Marindoque, 48 SCRA 71.
    1
    2

    Acquisitive prescription is a mode of acquiring ownership by a possessor


    through the requisite lapse of time. In order to ripen into ownership,
    possession must be in the concept of an owner, public, peaceful and
    uninterrupted. (Marcelo vs. Court of Appeals, 305 SCRA 800)
    Acquisitive prescription of dominion and other real rights may be ordinary
    or extraordinary. (IBID)
    Ordinary acquisitive prescription demands that the possession be in good
    faith and with just title. (IBID)
    -Ownership of immovable property is acquired by ordinary prescription
    through possession for ten years. (Cequena vs. Bolante, 330 SCRA 216)
    -Tax receipts and declarations of ownership for taxation, when coupled with
    proof of actual possession of the property, can be the basis of a claim for
    ownership through prescription. (IBID)
    -An uninterrupted adverse possession of the land for more than 30 years
    could only ripen into ownership of the land for acquisitive prescription
    which is a mode of acquiring ownership and other real rights over
    immovable property. (Development Bank of the Philippines vs. Court of
    Appeals, 331 SCRA 267)
    -The contention of a party of having acquired ownership of a piece of land
    by ordinary prescription through adverse possession for 10 years is
    untenable where he has neither just title nor good faith. (Heirs of Quirico
    Seraspi and Purificacion R. Seraspi vs. Court of Appeals, 331 SCRA
    293)
    A prescriptive title to real estate is not acquired by mere possession thereof
    under claim of ownership for a period of ten years unless such possession
    was acquired con justo titulo y buena fe. (Alba vs. Court of Appeals, G.R.
    No. 120066, Sept. 9, 1999)

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