Civil Code Volume IV Obligations Contracts .pdf


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CIVIL CODE OF THE PHILIPPINES

TITLE V. — PRESCRIPTION
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 actions are lost by prescription.
COMMENT:
(1) Definition of Prescription
Prescription is a mode of acquiring (or losing) ownership
and other real rights thru the lapse of time in the manner and
under the conditions laid down by law, namely, that the possession should be:
(a)

in the concept of an owner

(b)

public

(c)

peaceful

(d)

uninterrupted. (Arts. 1106, 1118, Civil Code).

(e)

adverse. In order that a possession may really be adverse,
the claimant must clearly, definitely, and unequivocally
notify the owner of his (the claimant’s) intention to avert
an exclusive ownership in himself. (Clendenin v. Clendenin,
181 N.C. 465 and Director of Lands v. Abiertas, CA-GR
91-R, Mar. 13, 1947, 44 O.G. 923).

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