Ordinary acquisitive prescription
Prescription, as a mode of acquiring ownership and other real rights over
immovable property, is concerned with
lapse of time in the manner and under
conditions laid down by law, namely, that the possession should be in the
concept of an owner, public, peaceful, uninterrupted, and adverse.
Acquisitive prescription of real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription
requires
possession in good faith and with just title for 10 years.(Mercado v. Espinocilla, G.R. No. 184109, February 1, 2012) When the Supreme
Court speaks of possession in "good faith," it consists in the
reasonable belief that the person from whom the thing is received has been
the owner thereof, and can transmit his ownership. There is "just title", on the
other hand, when the
adverse claimant comes into possession of the property through one of the modes recognized by law for the acquisition of ownership
or other real rights, but the grantor is not the owner or cannot transmit any
right.(Tan v. Ramorez, 640 Phil. 370, 380-381 [2010])
Acquisitive prescription of real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription
requires
possession in good faith and with just title for 10 years.(Mercado v. Espinocilla, G.R. No. 184109, February 1, 2012) When the Supreme
Court speaks of possession in "good faith," it consists in the
reasonable belief that the person from whom the thing is received has been
the owner thereof, and can transmit his ownership. There is "just title", on the
other hand, when the
adverse claimant comes into possession of the property through one of the modes recognized by law for the acquisition of ownership
or other real rights, but the grantor is not the owner or cannot transmit any
right.(Tan v. Ramorez, 640 Phil. 370, 380-381 [2010])
