DIFFERENT MODES OF ACQUIRING OWNERSHIP

TITLE V. – PRESCRIPTION
NOTE: The title required for acquisitive prescription to set in is
Chapter 1 not the title which by itself is sufficient to transfer ownership
GENERAL PROVISIONS w/o the necessity of letting the prescriptive period elapse but
only the title where although there was a mode of transferring
Art. 1106. By prescription, one acquires ownership, still something is wrong because the grantor is not
ownership and other real rights through the lapse of time the owner.
in the manner and under the conditions laid down by law.
Rationale of prescription
In the same way, rights and actions are lost by 1. It is founded on grounds of public policy, and is of
prescription. purely statutory origin.
2. It is regarded as a statute of repose.
Definition of prescription o Its purpose is to protect the diligent and
 Means of (a) acquiring ownership and other real rights vigilant, not those who sleep on their rights.
or (b) losing rights or actions to enforce such rights
 Through the lapse of time Doctrine of laches
 In the manner and under the conditions laid down by Laches is failure or neglect to assert a right within a reasonable
law time, warranting a presumption that the party entitled to assert
it either has abandoned it or declined to assert it.
Property subject to prescription
- Only private property may be acquired through Factors to consider whether delay constitutes laches
prescription 1. Confidential relationship (e.g. consanguinity)
o Not for public use, public service, or intended 2. Reasonableness of time of asserting right
for the dev’t of national wealth 3. Absence of a statutory prescriptive period
- Patrimonial property may be acquired by prescription, 4. Opportunity to assert right
provided
o There must be an official declaration that the Prescription Laches
property is no longer for the use mentioned Applies on rights that are Applies even to
above. susceptible to prescription imprescriptible actions
o The period begins to run from the time of Concerned with the fact of Concerned with the effect of
such official declaration delay delay
Matter of time Question of inequity of
Kinds of prescription permitting a claim to be
Acquisitive Extinctive enforced
Definitio Acquisition of Loss or extinguish- Statutory Not statutory
n ownership and other ment of property rights Applies at law Applies in equity
real rights through or actions through (a) Need to be especially Need not be specifically
possession of a thing in the possession by pleaded pleaded
the manner and under another of a thing for Based on a fixed time Not based on a fixed time
the conditions provided the period provided by
by law law or (b) failure to Prescription as a matter of defense
bring the necessary GR: must be specially pleaded and cannot be raised for
action to enforce rights the first time at the trial or on appeal.
within the period fixed XPN1: when plaintiff’s complaint on its face or the evidence
by law he presented shows clearly that the action has
Other Adverse possession Limitation of actions prescribed at the time it was filed
name Because it is a kind of Because it has XPN2: If, before trial, a party has no means of knowing that
possession which is in reference to the time opponent’s claim has already lapsed, prescription as
opposition to the true within which an action a defense may be pleaded later as soon as the true
title or real owner, must be brought after nature of the claim is discovered.
commenced without the right of action has
right but ripened into accrued NOTE: Prescription as a defense may be tacitly renounced
title by lapse of time through acts which imply the abandonment of the right
Require- Possession by a Inaction of the owner acquired.
ment claimant who is not the out of possession or
owner neglect of one with a Art. 1107. Persons who are capable of acquiring
right to bring his action property or rights by the other legal modes may acquire
Applica- Ownership and other All kinds of rights, the same by means of prescription.
bility real rights personal or real
Right Vests ownership or Produces extinction of Minors and other incapacitated persons may
other real right in the rights or bars a right of acquire property or rights by prescription, either
occupant action personally or through their parents, guardians or legal
Effect Acquisition of Loss of a real or representatives.
ownership or other real personal right, or bars
rights in a person + the cause of action to Capacity to acquire by prescription
loss of said ownership enforce said right
or real rights in another GR: A person must have a legal capacity to acquire
Proof Can be proven under Should be affirmatively property by the other legal modes in order that he
the general issue pleaded and proved to may acquire the same by means of prescription.
without its being bar the action or claim
affirmatively pleaded of the adverse party He does not need to have the capacity to act as long
as he has juridical capacity because prescription does
not require consent.
Requisites of acquisitive prescription
1) capacity of the claimant to acquire by prescription
NOTE: Infants and insane can acquire by prescription only
2) a thing capable of acquisition by prescription
through their parents, guardians, or legal representatives
3) possession of the thing under certain conditions
because for purposes of prescription, possession must be
4) lapse of time provided by law
under claim of ownership.
 Ordinary acquisitive
prescription
Adverse claimant must
prove just title because this
kind of prescription requires
that the possessor has just
title
Art. 1108. Prescription, both acquisitive and
extinctive, runs against:
Extraordinary acquisitive
prescription
No need of title because it is
sufficient to prove uninter-
rupted adverse possession
for the period fixed by law
6. Prescription cannot be invoked in an action for
reconveyance when the plaintiff is in possession of
the property to be reconveyed.
Art. 1110. Prescription, acquisitive and extinctive,
runs in favor of, or against a married woman.
Since prescription runs against minors and other incapacitated
person, there is no reason why a married woman may not
acquire or lose property and other rights by prescription.

(1) Minors and other incapacitated persons who Art. 1111. Prescription obtained by a co-proprietor
have parents, guardians or other legal representatives; or a co-owner shall benefit the others.

(2) Absentees who have administrators, either Prescription obtained by a co-proprietor or co-owner
appointed by them before their disappearance, or Co-owner’s possession, which is the basis of prescription
appointed by the courts; should benefit himself and the other co-owners.

(3) Persons living abroad, who have managers or Applicability: both acquisitive and extinctive prescription
administrators; Essential: possession involves community property

(4) Juridical persons, except the State and its Illustration

subdivisions. In representation of the others, he occupies and cultivates a
parcel of land owned in common including a portion belonging
Persons who are disqualified from administering to another owner, in the belief that it is part of the common
their property have a right to claim damages from their property.
legal representatives whose negligence has been the
cause of prescription. Art. 1112. Persons with capacity to alienate
property may renounce prescription already obtained, but
Against whom does prescription run? not the right to prescribe in the future.
1. Minors and other incapacitated persons
2. Absentees Prescription is deemed to have been tacitly
3. Persons living abroad renounced when the renunciation results from acts which
4. Juridical persons, except the State and its imply the abandonment of the right acquired.
subdivisions
Requisites for renunciation of prescription already
Minors, other Persons obtained
Juridical
incapacitated Absentees living 1) The person renouncing must have capacity to alienate
persons
persons abroad property because the renunciation involves the disposition of
Administrators
appointed by
property
Parents, guardians,
Legal
represe or other legal
1. absentee Have managers 2) Renunciation must refer to prescription already obtained
before his or administrators
ntative representatives
disappearance
because ownership and other real rights acquired by
2. the court prescription, like any other right granted by law, may be waived
Can run against
juridical persons
3) Must be made by the owner of the right
Cause
of
Prescription runs against them due to their negligence
but only with GR: administrator, executor, or other legal
prescri regard their
ption patrimonial
representative
property cannot renounce
Corres
pondin Right to claim damages from their legal representatives XPN: unless given a special power of attorney
g right
4) Must not prejudice the rights of creditors
5) The owner renouncing such right must have knowledge of
Art. 1109. Prescription does not run between the existence of such right.
husband and wife, even though there be a separation of
property agreed upon in the marriage settlements or by No formal renunciation required.
judicial decree. Renunciation may be express or implied/tacit. It is implied/tacit
when it can be clearly inferred from acts done.
Neither does prescription run between parents
and children, during the minority or insanity of the latter, Art. 1113. All things which are within the
and between guardian and ward during the continuance of commerce of men are susceptible of prescription, unless
the guardianship. otherwise provided. Property of the State or any of its
subdivisions not patrimonial in character shall not be the
Against whom does prescription NOT run? object of prescription.
1. Between husband and wife
2. Between parents and children Things susceptible of prescription
3. Between guardian and ward GR: All things within the commerce of men may be
4. In favor of a co-owner or co-heir against his co- acquired by prescription
owners or co-heirs XPN: Unless otherwise provided by law
5. Does not run against 1. Lands registered under the Torrens System
a. Minors and incapacitated persons who have 2. Properties of spouses, parents, and children, and
NO guardians or legal representatives guardians and wards under certain conditions, as
b. Absentees and persons living or residing between themselves
abroad WITHOUT administrators or legal 3. Movables possessed through a crime
representatives 4. Property of the State not patrimonial in character
c. State and its subdivisions 5. Things not capable of being appropriated
 The principle that prescription does - Property of public dominion and
not run against the State, which common things cannot be acquired by
contemplates a situation where a prescription for they are outside the
private party cannot defeat the commerce of men
claim of the State by raising the 6. Res nullius – property w/o owner
defense of prescription, is - Acquired by occupation
inapplicable where a private party is - Prescription presupposes a previous
the one filing a suit against the owner
State.
 Art. 1114. Creditors and all other persons
interested in making the prescription effective may avail
themselves thereof notwithstanding the express or tacit
renunciation by the debtor or proprietor.

Although the real party in interest has already renounced, their

creditors may still plead prescription for themselves to the
extent of their credit.
 Creditors may exercise all the rights and bring all the
actions of their debtor to satisfy their claims.
 However, this action is personal. Prescription availed
of by a creditor does not benefit another who did not
exercise his right.

Art. 1115. The provisions of the present Title are

understood to be without prejudice to what in this Code or
in special laws is established with respect to specific
cases of prescription.
Laws governing prescription
GR: governed by Title V, Book III, NCC
XPN: when another period is provided by law
1. NCC
2. Special laws (NIRC, RPC, Omnibus Election
Code, Family Code)

Art. 1116. Prescription already running before the

effectivity of this Code shall be governed by laws
previously in force; but if since the time this Code took
effect the entire period herein required for prescription
should elapse, the present Code shall be applicable, even
though by the former laws a longer period might be
required.

Period Governing rule

period for prescription started running
and elapsed before the effectivity of
the new Civil Code
period started running before such
effectivity and continued running after
the new Civil Code took effect
Old law naturally governs
GR: Old law shall continue to govern
XPN:
(1) NCC requires a shorter period
(2) period (which should commence
from the date of the Code’s effectivity)
has already elapsed since then, in
which case, the provisions of the new
Civil Code on prescription shall be
deemed to have a retroactive effect.