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Acquisition of property by prescription.

Prescription, in general, is a mode of acquiring (or losing) ownership and


other real rights through the lapse of time in the manner and under
conditions laid down by law, namely, that the possession should be in the
concept of an owner, public, peaceful, uninterrupted and adverse.
Acquisitive prescription is either ordinary or extraordinary. Ordinary
acquisitive prescription requires possession in good faith and with just title
for 10 years. Without good faith and just title, acquisitive prescription can
only be extraordinary in character which requires uninterrupted adverse
possession for 30 years. (Heirs of Maningding v. CA, 342 Phil. 567 (1979)).
Thus, for ordinary acquisitive prescription to set in, possession must be for
at least 10 years, in good faith and with just title. Possession is in good
faith when there is a reasonable belief that the person from whom the thing
is received has been the owner thereof and could thereby transmit his
ownership. (Art. 1127, NCC). There is just title when the adverse claimant
comes into possession of the property through any of the modes
recognized by law for the acquisition of ownership or other real rights, but
the grantor is neither the owner nor in a position to transmit the right. (Art.
1129, NCC).

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