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Prescription v.
Petitioner: National Power Corporation
Respondents: Sps. Jose Campos, Jr. and Ma. Clara
G.R No. 143643 |June 27, 2003
Prepared by: Caro, Monica Celine A. | G01| 15581190

EASEMENT • It is imposed by the law. NCC) . usually through one particular path or line (Art. NCC) RIGHT-OF-WAY • It is a type of easement or privilege by which one person in a particular class of persons is allowed to pass over another land. 649. and which have for their object either public use or the interest of private persons (Art. 634.

L P M O C 1970 -1994 24 years SOLAR RESOURCES. T N AI . INC.

PARTIES’ ARGUMENTS Petitioner NAPOCOR It acquired the easement of right-of-way by prescription as it had been continuous and apparent for 23 years Respondent Campos Did NAPOCOR acquire NAPOCOR is in breach of their agreement that the the easement installations will only be by temporary prescriptio n? .

620: Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. it is clear that the installations were merely upon the tolerance of Campos. 1119: acts of possessory character executed in virtue of license n? or by mere tolerance of the owner shall not be available for the purposes of possession. Did • Acquisitive prescription mayNAPOCOR either be ordinary (good faith + just acquire title = 10 yrs) or extraordinary (bad faith + no just title = 30 the years). there must be possession in the concept of easement by owner prescriptio • Art. In either case. permissive use will never create . • Here. Thus. requisite possession was not satisfied •  Art.SC: No.

. Thus. • In this case. NAPOCOR never acquired the requisite possession. it cannot be made the basis of acquisition of an easement of right-of-way by prescription.Doctrine • ‘Possession’ must be in the concept of owner. such that possessory acts which are merely tolerated will not satisfy the requisite form of possession under acquisitive prescription.