Acquisitive prescription - G.R. No. 175763

G.R. No. 175763

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Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time.  In order to ripen into ownership, possession must be in theconcept of an owner, public, peaceful and uninterrupted.[39]  Possession is open when it is patent, visible, apparent, notorious and not clandestine.[40]  It is continuous when uninterrupted, unbroken and not intermittent or occasional; exclusive when the adverse possessor can show exclusive dominion over the land and an appropriation of it to his own use and benefit; and notorious when it is so conspicuous that it is generally known and talked of by the public or the people in the neighborhood.  The party who asserts ownership by adverse possession must prove the presence of the essential elements of acquisitive prescription.[41]
On the matter of prescription, the Civil Code provides:
Art. 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law.
Art. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years.
Art. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith.  (Emphasis supplied.)
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