NAPOCOR

Prescription v.
Campos
Petitioner: National Power Corporation
Respondents: Sps. Jose Campos, Jr. and Ma. Clara
Lopez-Campos
G.R No. 143643 |June 27, 2003
Prepared by: Caro, Monica Celine A. | G01| 15581190

EASEMENT
It is imposed by the
law, and which have
for their object either
public use or the
interest of private
persons (Art. 634,
NCC)

RIGHT-OF-WAY
It is a type of
easement or privilege
by which one person in
a particular class of
persons is allowed to
pass over another
land, usually through
one particular path or
line (Art. 649, NCC)

L
P
M
O
C

1970
-1994
24 years

SOLAR RESOURCES, INC.

T
N
AI

PARTIES ARGUMENTS
Petitioner NAPOCOR
It acquired the easement
of right-of-way by
prescription as it had
been continuous and
apparent for 23 years

Respondent Campos

Did
NAPOCOR
acquire NAPOCOR is in breach of their
agreement that the
the
easement
installations will only be
by
temporary
prescriptio
n?

SC: No, requisite

possession was not satisfied
Art. 620: Continuous and apparent easements are acquired either
by virtue of a title or by prescription
of ten years.
Did
Acquisitive prescription mayNAPOCOR
either be ordinary (good faith + just
acquire
title = 10 yrs) or extraordinary
(bad faith + no just title = 30
the
years). In either case, there must
be possession in the concept of
easement
by
owner
prescriptio
Art. 1119: acts of possessory character
executed in virtue of license
n?
or by mere tolerance of the owner shall not be available for the
purposes of possession.
Here, it is clear that the installations were merely upon the
tolerance of Campos. Thus, permissive use will never create

Doctrine
Possession must be in the concept of owner, such that
possessory acts which are merely tolerated will not
satisfy the requisite form of possession under
acquisitive prescription.
In this case, NAPOCOR never acquired the requisite
possession. Thus, it cannot be made the basis of
acquisition of an easement of right-of-way by
prescription.