The Civil Code of the Philippines: Obligations and Contracts Reviewer
CIVIL CODE OF THE PHILIPPINES
TITLE V. — PRESCRIPTION
Chapter 1
GENERAL PROVISIONS
Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
In the same way, rights and actions are lost by prescription.
COMMENT:
(1) Definition of Prescription
Prescription is a mode of acquiring (or losing) ownership and other real rights thru the lapse of time in the manner and under the conditions laid down by law, namely, that the possession should be:
(a)
in the concept of an owner
(b)
public
(c)
peaceful
(d)
uninterrupted. (Arts. 1106, 1118, Civil Code).
(e)
adverse. In order that a possession may really be adverse, the claimant must clearly, definitely, and unequivocally notify the owner of his (the claimant’s) intention to avert an exclusive ownership in himself. (Clendenin v. Clendenin,
181 N.C. 465 and Director of Lands v. Abiertas, CA-GR
91-R, Mar. 13, 1947, 44 O.G. 923).
1
Art. 1106
CIVIL CODE OF THE PHILIPPINES
(2) Proof Needed
Because prescription is an extraordinary mode of acquiring ownership, all the essential ingredients, particularly the period of time, must be shown clearly. (Boyo v. Makabenta, CA-GR
7941-R, Nov. 24, 1952).
(3) Reasons or Bases for Prescription
(a)
Economic necessity (otherwise, property rights would remain unstable).
Director of Lands, et al. v. Funtillar, et al.
GR 68533, May 23, 1986
FACTS: Where the land sought to be registered was declared alienable and disposable 33 years ago, and is no longer a forest land, and the same has been possessed and cultivated by the applicants and their predecessors for at least three generations.
HELD: The attempts of humble people to have disposable lands they have been tilling for generations titled in their names should not only be viewed with an understanding attitude but should, as a matter of policy, be encouraged.
(b)
TITLE V. — PRESCRIPTION
Chapter 1
GENERAL PROVISIONS
Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
In the same way, rights and actions are lost by prescription.
COMMENT:
(1) Definition of Prescription
Prescription is a mode of acquiring (or losing) ownership and other real rights thru the lapse of time in the manner and under the conditions laid down by law, namely, that the possession should be:
(a)
in the concept of an owner
(b)
public
(c)
peaceful
(d)
uninterrupted. (Arts. 1106, 1118, Civil Code).
(e)
adverse. In order that a possession may really be adverse, the claimant must clearly, definitely, and unequivocally notify the owner of his (the claimant’s) intention to avert an exclusive ownership in himself. (Clendenin v. Clendenin,
181 N.C. 465 and Director of Lands v. Abiertas, CA-GR
91-R, Mar. 13, 1947, 44 O.G. 923).
1
Art. 1106
CIVIL CODE OF THE PHILIPPINES
(2) Proof Needed
Because prescription is an extraordinary mode of acquiring ownership, all the essential ingredients, particularly the period of time, must be shown clearly. (Boyo v. Makabenta, CA-GR
7941-R, Nov. 24, 1952).
(3) Reasons or Bases for Prescription
(a)
Economic necessity (otherwise, property rights would remain unstable).
Director of Lands, et al. v. Funtillar, et al.
GR 68533, May 23, 1986
FACTS: Where the land sought to be registered was declared alienable and disposable 33 years ago, and is no longer a forest land, and the same has been possessed and cultivated by the applicants and their predecessors for at least three generations.
HELD: The attempts of humble people to have disposable lands they have been tilling for generations titled in their names should not only be viewed with an understanding attitude but should, as a matter of policy, be encouraged.
(b)