CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > C. Different Modes of Acquiring Ownership > 4. Prescription

Definition of Prescription

Prescription is a mode of acquiring ownership or other real rights over property through the continuous and uninterrupted possession of the property for the period fixed by law. It can also refer to the loss of rights due to inaction or neglect over a certain period.

Legal Basis

The Civil Code of the Philippines governs prescription under Articles 1106 to 1155.

Classification of Prescription

Acquisitive Prescription (Usucapion):
- Refers to the acquisition of ownership or real rights through possession.
- Further classified as:
  - Ordinary Acquisitive Prescription
  - Extraordinary Acquisitive Prescription
Extinctive Prescription:
- Refers to the loss of a right or the bar of an action due to the lapse of time.
- It prevents claims, actions, or rights from being enforced after the prescriptive period.

Requisites for Acquisitive Prescription

Object of Prescription:
- The property must be susceptible to prescription.
- Public property, except patrimonial property of the State, is not subject to acquisitive prescription (Article 1113).
Possession:
- Possession must be in the concept of an owner (not merely as a lessee, usufructuary, or caretaker).
- Possession must be:
  - Actual
  - Peaceful
  - Public
  - Continuous
  - Uninterrupted
Lapse of the Prescriptive Period:
- The time required depends on the type of possession (with or without just title and good faith).

Ordinary Acquisitive Prescription

Requisites:
- Just title.
- Good faith.
- Possession for:
  - 10 years for immovable property.
  - 4 years for movable property.
- Just Title: A juridical act or document that is valid but insufficient to transfer ownership.
Good Faith:
- Refers to the reasonable belief that the possessor owns the property without any defect or flaw in the title.

Extraordinary Acquisitive Prescription

Requisites:
- No need for just title or good faith.
- Possession for:
  - 30 years for immovable property.
  - 8 years for movable property.
- Applicable even if possession started in bad faith.

Requisites for Extinctive Prescription

Susceptibility:
- The right must be susceptible to prescription.
- Non-prescribable rights include state claims, rights of spouses, and family relations.
Lapse of Prescriptive Period:
- The period varies depending on the action:
  - 1 year: Action to recover movable property or damages for injury caused by negligence.
  - 4 years: Actions involving fraud.
  - 5 years: Actions to enforce judgments.
  - 10 years: Actions for obligations not covered by a specific prescriptive period.
- In the case of real property rights, the period is generally 30 years.
No Legal Interruption:
- Legal interruption occurs when a judicial demand or extrajudicial claim is made before the expiration of the prescriptive period.
- Interruption resets the prescriptive period.

Interruption and Suspension of Prescription

Interruption:
- Judicial summons or acknowledgment by the debtor interrupts the period (Article 1155).
- Possession becomes interrupted by physical or legal acts that prevent its continuity.
Suspension:
- Prescription does not run in certain instances:
  - Between spouses during marriage.
  - Between parents and children during minority or incapacity.
  - Between co-owners (until partition is made).

Rules on Prescription of Public Lands

Public land is generally non-prescribable unless classified as patrimonial property.
A person may acquire rights over public land through adverse possession for 30 years if classified as disposable or alienable land of the public domain.

Key Jurisprudence

Heirs of Malabanan v. Republic (G.R. No. 179987, 2009):
- Clarifies that prescription does not run against the State unless the property is alienable and disposable.
Republic v. Court of Appeals (G.R. No. 108734, 1996):
- Distinguished between patrimonial and public property for purposes of prescription.

Important Provisions from the Civil Code

Article 1106: Prescription applies to actions and rights subject to modification by law.
Article 1113: Public property is not subject to prescription unless classified as patrimonial.
Articles 1117-1127: Discuss specific rules for acquisitive prescription.
Articles 1139-1155: Address extinctive prescription, including special rules for various actions.

Exceptions to Prescription

Property classified as:
- Inalienable or outside the commerce of man.
- Owned by religious organizations (if dedicated for worship).
Rights barred by public policy, such as human rights violations or environmental claims.

By adhering to the above requisites and conditions, prescription becomes a vital tool in the legal framework for both the acquisition and extinguishment of rights.