Civil Code Volume IV Obligations Contracts .pdf

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Art. 1106


(2) Proof Needed
Because prescription is an extraordinary mode of acquiring
ownership, all the essential ingredients, particularly the period
of time, must be shown clearly. (Boyo v. Makabenta, CA-GR
7941-R, Nov. 24, 1952).
(3) Reasons or Bases for Prescription

Economic necessity (otherwise, property rights would remain unstable).
Director of Lands, et al. v. Funtillar, et al.
GR 68533, May 23, 1986
FACTS: Where the land sought to be registered was
declared alienable and disposable 33 years ago, and is no
longer a forest land, and the same has been possessed and
cultivated by the applicants and their predecessors for at
least three generations.
HELD: The attempts of humble people to have
disposable lands they have been tilling for generations
titled in their names should not only be viewed with an
understanding attitude but should, as a matter of policy,
be encouraged.

(b) Freedom from judicial harassment (occasioned by claims
without basis).
(c) Convenience in procedural matters (in certain instances,
juridical proof is dispensed with).
(d) Presumed abandonment or waiver (in view of the owner’s
indifference or inaction).
(4) Classification of Prescription

as to whether rights are acquired or lost:

acquisitive prescription (prescription of ownership
and other real rights).

ordinary prescription


extraordinary prescription