prescription- is one of hte seven modes of acquiring ownnership

Under common laws, acquisition of property and rights by the lapse

Under common laws,
one may acquire a real rights tru lapse of time. In other words, that one who ac
quires real rights because of the lapse of time,was not the real owner at the be
ginning. He was possesion of property after lapse of time he becomes owner of pr
operty.

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11/11/14
Article 1106 By prescription, one acquires ownership nd other legal rights thr
ough the lapse of time in the manner and under the conditions laid down by the
law.
This is what we call acquisitive prescription- masuccedin taking posesion of wha
t does belong to him within period of time required by law since real owner dod
not do anthing to protct his rights or peserve his rights
by abandonment in favor of usurfer who after period of tie becomes the owner of
proprty tru prescription
In so far a extincetive or limitation of action -baseod on probability rithsst a
cquired in the distant past could have been extinguised and ergo
person may loss tru extinctive prescription since he did not do anything since h
e abandoned/ negligent
In the same way rights and conditions are lost by prescription- extinctive pres
cription
Basis ; soon abandonment or negligence on the part of the real owner
1107people who are capable of acquiring prperty ...

even minors and other incapacitated persons can acquire prescription either pe
rsonally or with arents or legal
it is necessary teh person has discernment /intention to appripertiat the thing
for thmselves
/ if they dobnt have they need assistance from parent s or legal re
1108 Prescription, both acquisitive
if monors or incapacitated personno parents/ laegal rep prescription will bot
run agaist them since parents can assist them.
Absentees has been appointed by the court; ifthey none then prescription will n
ot apply

the same teu with person living abroad who have managers/executors; ifthey have
none; this will not apply
juridical person except state and its subdivision- it will not run against them
Subdivision of state --provinces
1113- property of state not patromonial in charater shall not be object of
if partrio- can be object of prescription
1109 prescription does not run against against husband and wife during marriage
even
influence affection could prevent one from filing to each other even if there se
paration of prop
but this is not absolute
in case legal separation- 5 years action for legal separation
question of husband who is admin absolute community c- 5 years to question.
shallwwe say pres is susprnded? no not susprended;we can consider this cases as
excepton under civil code even if there is separation of prop
1110prescription, acquisitive and extinctive,runs in favor od, or against a marr
ied woman
why is this so? it as if it is not pr
married woman consider to have full legal capacity
1111 prescription obtained by co-proprietor
co-propritoe
or co-ownership
when two or more person owning single and undivided thing; there is co-ownership
and ech is co-owner
two or more who are owners of establishment
prescription
A B C owners
if A obtained tru prescription; then the two shall be benefited
A B C - co owners parcels of land in tacloban
parcels of land they own in common
C -managing co -owners
10,00 0sq
if C possesss in excess of 10,000 sq met- obtained tru prescription
then these two should be benefitted
1111
it is not applicable if there is
we do not apply if there there co-ownership
ifparcel of land is located in Mindanao; C only obtained tru prescription
there is a need to ratify C since it is possible A and B do not know the possito
ry done by C ergo
there is a need

prescription obtained a co-owner shall apply co-owners they own in common.

1112
who has persons has capacity to aliante property or transfer ownership?
owners
when person has capacity to alienate ;he can also renounce prescription already
obtained but not prescription in the future
Ex: A borrowed 10k to B.Even after lapse of 10 years, B did not collect therrofr
e , indebtedness prescribe and therefore A can refused of that prescription by
not paying since the debt has already prescribe.
HE can renouce
by paying ( his conscience dictates)
he can renounce prescription already obtained
Prescription is deemed to be tacitly renounced when renouncation results from a
cts which imply abandonment of the right acquired
right to asert prescription by paying
Article 1113 All things which are within the commerce of men are susceptible of
prescription, unless otherwise provided. Property of the State or any of its sub
division not patrimonial in character shall not be the object of prescription
Provides for the things susceptible for prescription
Ans: all things which are under the commerce of men unless otherwise provided
What are things within the commerce of men? when do we say it is within commerce
when the thing is object commercial/judicial transcation
Drugs/ shabu cannot be object of commercial transaction
Property of state shall not be object of prescription.
juridical person or state and its subdivision
1108 - properties of state and its subdivision
if property of state not patrimonial in character
1108 vs 1113
1108- does not make distinction regardless what kind of propertties
1113- only property of state not in patrominal in character
-VAGUE
Properties of state and its subdivision
lawmaking bodies make amendments

intention of lawmaking bodies- to exclude patrimonial property

what is patrimonial property?
state can acquire public or private capacity
properties acquired private capacity are considered patrimonial in character; th
eseare prop not used for public use.
these are can be distributed to qualified beneficiaries
ex: free patents

when can we say it is patrominoal in character?

the congress/ executove must make declaration that this is patrimonial in charat
er
things withinthe commerce of men yet not suscptible to prescription
exception:
1)things acquired tru crimes
2)lands registered in torrens systems ; has certificate of title to the land e
ven provately owned
Art 1114
Law is protective over creditors.
protection given by law to creditors.
even if debtors renounces prescription already obtained ; creditors can still av
ail of that prescription to make it effective; if it does not do so it would be
prejudicial to him
EX ;
CORP has certain debts; borrowed from previous and current creditors.indebtednes
s to previous has already prescribe. COrp need not pay since it already prescrib
r
but if corp pays then curent credots can avbail of making prescr effective ; it
would be prejudicail to him if he did not do so.
knowing Corp wants to pay previous creditors even already prescribe ; he can pre
vent corp from paying saying debt has already prescribe.
The law is trying to protect current creditors.
Art 1115 The provision of the present Title are understood to be without prejudi
ce to what in the code or in special laws is estblished with respect to specifi
ccases ofprescription
General provision on prescription
this is without prejudice to specific prescription or to other cases in laws.
We dont apply if there is specific provisions.
Art 116 Prescription already running before the effectivity of this Code shall b
e governed by laws previously in force
logically, it is the old law that will govern.