Basics of prescription according to Paras

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

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.

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) and (e) adverse. In order that a possession may really be adverse, the claimant must clearly, denitely, 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)

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).

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