STUDY GUIDE: ARTICLES 1117-1138

DISCUSSION - ACQUISITIVE PRESCRIPTION :

❑ What are the Essential Requisites of ACQUISITIVE PRESCRIPTION in general?

1.) Capacity to acquire by prescription (Art. 1107)

ANS : ART. 1107. Persons who are capable of acquiring property or rights by the other legal modes may
acquire the same by means of prescription.

2.) The thing is capable of being acquired by prescription (Art. 1113)

ANS: Art. 1113. All things which are within the commerce of men are susceptible of prescription,
unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character
shall not be the object of prescription.

3.) Possession of the Thing under certain conditions (Arts. 1117-1131)

ANS: -ART. 1125. Any express or tacit recognition which the possessor may make of the owner's right
also interrupts possession.

-Under Art. 1117, the law defines acquisitive prescription as requiring possession of things, so that’s the
second element.
-The third is possession of things or rights in good faith . Take note that this element is only necessary to
ordinary acquisitive prescription . Because, in extraordinary acquisitive prescription, one can acquire
ownership over a thing even if that person is not in good faith or is in bad faith.
- Fourth is just title. This is another element under acquisitive prescription that distinguishes ordinary
acquisitive prescription from extraordinary acquisitive prescription
4.) Lapse of Time provided by law (Arts. 1132-1134, 1137)
ANS: ART. 1132. The ownership of movables prescribes through uninterrupted possession for four years in
good faith. The ownership of personal property also prescribes through uninterrupted possession for eight
years, without need of any other condition.
ART. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription
through possession of ten years.
ART. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse
possession thereof for thirty years, without need of title or of good faith.

1. REQUISITE: POSSESSION OF THE THING UNDER CERTAIN CONDITIONS

• What are the REQUISITES of ORDINARY PRESCRIPTION in general?

i. Possession must be in GOOD FAITH (Art. 1117)

ANS: 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.
o What constitutes Good Faith?
Read: Arts. 1127, 1128; Arts. 526-529 o

ANS: ART. 1127. The good faith of the possessor

consists in the reasonable belief that the person from
whom he received the thing was the owner thereof, and
could transmit his ownership.
 ART. 1128. The conditions of good faith required for
possession in articles 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 526. He is deemed a possessor in good faith who is not aware that there exists in his title or
mode of acquisition any flaw which invalidates it.
He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing.

Mistake upon a doubtful or difficult question of law may be the basis of good faith.

Article 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor
rests the burden of proof.

Article 528. Possession acquired in good faith does not lose this character except in the case and from
the moment facts exist which show that the possessor is not unaware that he possesses the thing
improperly or wrongfully.

Article 529. It is presumed that possession continues

to be enjoyed in the same character in which it was
acquired, until the contrary is proved.

Case: Santiago v. Cruz, 19 Phil. 145

ii. Possession must be with JUST TITLE (Art. 1117)

o What constitutes Just Title? Effect to possession for prescription?
o Read: Arts. 1129 – 1131; Arts. 1133 and 1135
ANS: ART. 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.
ART. 1130. The title for prescription must be true and valid.
ART. 1131. For the purposes of prescription, just title must be proved; it is never presumed.
Art. 1135. In case the adverse claimant possesses by mistake an area greater, or less than that
expressed in his title, prescription shall be based on the possession.

iii. Possession must be in the CONCEPT OF AN OWNER (Art. 1118)

o Contrast with possession by mere Tolerance (Art. 1119) o Read
cases: Ayala de Roxas v. Maglonso, 8 Phil. 745; Cuaycong v.
Benedicto, 37 Phil. 783
ANS:
ART. 1118. Possession has to be in the concept of an owner, public, peaceful and
uninterrupted.

Concept of an Owner - possessor is the owner itself or one who claims to be such an owner. The person must
do outward acts so that the public will know that that person is actually the owner.

Concept of a Holder- recognizes that other person is exercising ownership over the
thing.
 iv. Possession must be PUBLIC and PEACEFUL. (Art. 1118)
o Art. 537 which states that - “Acts merely tolerated, and those executed
clandestinely and without the knowledge of the possessor of a thing, or
by violence, do not affect possession”.
ANS:
ART. 1118. Possession has to be in the concept of an
owner, public, peaceful and uninterrupted.

Possession must be: (OCEAN)

Open, Continuous, Exclusive, Adverse, Notorious
Art. 525. Two Concepts of Possession – The possession of things or rights may be had in one of the two
concepts: either in the concept of owner, or in that of the holder of the thing or right to keep or enjoy it, the
ownership pertaining to another person.

v. Possession must be UNINTERRUPTED (Art. 1118; Arts. 1120 -1125; 1136)

o What is the effect of interruption of possession to prescription?
ANS: Effect of Interruption: it will cease the running of the period of possession for purposes of
prescription. It will cease by the time of the occurrence of the natural interruption.
o Characterize the 3 different ways to interrupt possession under the
law:
1. Natural Interruption
ANS: Natural Interruption possession is interrupted by any cause. Any cause which
would bring about discontinuity or interruption of one’s holding of a thing or
enjoyment of a right.
2. Civil Interruption
Case: Lacuesta v. Guerrero, 8 Phil. 719
ANS:
Civil Interruption
Art. 1123
By the issuance or production of proper judicial
summon, the possessor is considered to have been
civilly interrupted.

One’s possession is civilly interrupted upon the

issuance of a proper judicial summon.

3. Express or Tacit recognition by possessor of owner´s right

Case: Seminary of San Carlos v. Municipality of Cebu, 19 Phil. 32
 When is possession naturally
interrupted?
ANS: Art. 1121
It can be interrupted by any cause. Meaning if it is not a judicial summon issued by the courts, it can constitute
natural interruption.

 When is possession civilly

interrupted?
ANS: Art. 1123
By the issuance or production of proper judicial summon, the possessor is considered to have been civilly
interrupted.
One’s possession is civilly interrupted upon the issuance of a proper judicial summon.

o When is judicial summons deemed not to have been

issued and thus no interruption for prescription?

ANS: ART. 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to
interruption:

(1) If it should be void for lack of legal solemnities;

(2) If the plaintiff should desist from the complaint or should allow the proceedings to 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.

o Is possessison in wartime counted in favor of adverse

claimant/possessor and against original owner?
ANS: Art. 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor
of the adverse claimant.

o o What are the requisites of Extraordinary Prescription?

ANS:
2. REQUISITE: LAPSE OF TIME FIXED BY LAW

1.) ORDINARY PRESCRIPTION PERIOD

a.) Movable or personal property – Art. 1132, par. 1
ANS: ART. 1132. The ownership of movables prescribes through uninterrupted possession for four years in
good faith.
b.) Immovable or real property – Art. 1134
ANS: ART. 1134. Ownership and other real rights over immovable property are acquired by ordinary
prescription through possession of ten years.

2.) EXTRAORDINARY PRESCRIPTION PERIOD

a.) Movable or personal property Art. 1132 par. 2

ANS: The ownership of personal property also prescribes through uninterrupted possession
for eight years, without need of any other condition.
b.) Immovable or real property Art. 1137
ANS: ART. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted
adverse possession thereof for thirty years, without need of title or of good faith.

❑ RULES IN COMPUTATION OF PRESCRIPTION

o Art. 1138 - TACKING OF POSSESSION

o CONVERSION OF POSSESSION (Different Characters of Possession: Good Faith to

Bad Faith, vice versa) o See sample
annotation in Paras or Tolentino.

o We will do computation exercises applying the legal principles of acquisitive

prescription
❑ QUIZ Arts. 1106 – 1138 – Next Week before starting Extinctive Prescription