4 reasons for the law on prescription


Here are four (4) reasons why the law on prescription is ideal in any society. These are ideas of Paras (2008).

[1] Economic necessity (otherwise, property rights would remain unstable).

Property rights are stabilized because of prescription. If you acquire property by prescription, the person who has lost it can no longer disturb you in your possession.

[2] Freedom from judicial harassment (occasioned by claims without basis).

As already mentioned, the person who has lost his property by virtue of prescription can no longer claim it against one who has acquired it. The latter cannot be harassed and, even if a case goes to the courts against him, he can validly interpose the defense of prescription.

[3] Convenience in procedural matters (in certain instances, juridical proof is dispensed with).
[4] Presumed abandonment or waiver (in view of the owner’s indifference or inaction).

The person who has lost his ownership through prescription is presumed to have abandoned or waived his right. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (Article 6 of the Civil Code) Even if he does not intend this, he is "punished" for sleeping on his rights.

There are two modes of prescription through which immovables may be acquired under the Civil Code. The first is ordinary acquisitive prescription, which, under Article 1117, requires possession in good faith and with just title; and, under Article 1134, is completed through possession of ten (10) years. There is nothing in the Civil Code that bars a person from acquiring patrimonial property of the State through ordinary acquisitive prescription, nor is there any apparent reason to impose such a rule. At the same time, there are indispensable requisites–good faith and just title. The ascertainment of good faith involves the application of Articles 526, 527, and 528, as well as Article 1127 of the Civil Code, provisions that more or less speak for themselves. (G.R. No. 186639)

SOURCE: Edgardo L. Paras (2008). Civil Code Of The Philippines Annotated (Volume IV). 16th Edition, 1018 pages. Published 2008 by Rex Book Store (first published 1959). 9789712350665. https://www.rexestore.com/cloth-bound/1588-civil-code-iv-obligation-and-contracts-clothbound-.html

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