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Chapter 1. General Provisions. (Title V, Book III, Civil Code)

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 conditions are lost by prescription. (1930a)

Notes:

1) Definitions.

a. Prescription – in the context of ownership under Property Law, refers to the acquisition or loss of a right by the lapse of time. (Civil Code, Article 1106)

b. Acquisitive prescription - refers to “the acquisition of a right by the lapse of time.” (Civil Code, Paragraph 1, Article 1106; De Morales v. CFI of Misamis Occidental, G.R. No. L-52278, May 29, 1980). It is also referred to as “adverse possession” and “usucapcion”.

c. Extinctive prescription – refer to the loss of rights and actions by the lapse of time (Ibid., Paragraph 2, Article 1106; Pangasinan v. Disongloalmazora, G.R. No. 200558, July 1, 2015). It is also known as “litigation of action”.

2) Mode of acquiring property. Prescription is a mode of acquiring property. Simplified, a person may acquire title to or ownership rights over a property by virtue of prescription.

3) The 2 kinds of prescription. For purposes of acquiring ownership, there are two kinds of prescription under the Civil Code:

(a) Acquisitive prescription; and

(b) Extinctive prescription.

a. Same; Acquisitive prescription v. Extinctive prescription. “Prescription was a statute of limitations. Whereas usucaption expressly ‘vests t...

 



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