Nature of Possession Required for Acquisitive Prescription

Acquisitive prescription, or usucapion, is a mode of acquiring ownership and other real rights through continuous possession for the period required by law. For possession to result in acquisitive prescription, it must meet specific legal criteria. Under Philippine law, these requirements are rooted in the Civil Code and related jurisprudence. The nature of the possession required is characterized by the following elements:

1. Possession Must Be in the Concept of an Owner

Concept of Ownership: Possession must be exercised as if the possessor is the owner, excluding any acknowledgment of another's ownership.
Possessor in Good Faith vs. Possessor in Bad Faith:
- Good Faith: The possessor believes that he/she has a valid title to the property.
- Bad Faith: The possessor knows that the title is invalid or that the property belongs to another, but continues possession.
Jurisprudence highlights that possession as a mere holder, tenant, or usufructuary will not ripen into ownership through acquisitive prescription.

2. Possession Must Be Public

The possession must be open and visible to everyone, not hidden or clandestine.
This ensures that the true owner has the opportunity to challenge the possessor's claim.
Public possession demonstrates an unequivocal assertion of ownership.

3. Possession Must Be Peaceful

The possession must not arise from force or violence.
If possession is initially acquired through force, it must later be regularized (i.e., by becoming peaceable and unchallenged) for the period required by law.

4. Possession Must Be Continuous and Uninterrupted

The possession must not be interrupted either by:
- Voluntary Abandonment: Where the possessor ceases to assert ownership.
- Judicial or Extrajudicial Acts: Actions by the true owner that interrupt the possessor's claim.
Any interruption resets the prescriptive period.

5. Possession Must Be Exclusive

Possession cannot be shared with the true owner or another person claiming title. It must exclude others from exercising rights over the property.
This exclusivity reinforces the claim of dominion over the property.

6. Possession Must Be in Good Faith (For Ordinary Prescription)

Good faith is presumed unless proven otherwise. The possessor must have relied on a just title (a valid legal basis for ownership).
Good faith is not required for extraordinary prescription, but the possessor must still meet all other conditions.

7. Possession Must Be for the Period Required by Law

Ordinary Prescription (Good Faith):
- Requires possession for 10 years, based on just title and good faith. (Article 1134, Civil Code)
Extraordinary Prescription (Bad Faith or Lack of Just Title):
- Requires possession for 30 years, regardless of title or good faith. (Article 1137, Civil Code)

8. Possession Must Not Fall Within Exceptions

Properties outside the commerce of man (e.g., public domain lands) cannot be acquired by prescription.
Prescription does not run against:
- The State (in most cases).
- Minors or incapacitated persons during the period of incapacity, if they are the rightful owners.

Jurisprudential Applications

Heirs of Malabanan v. Republic (G.R. No. 179987, 2009):
- Clarified that lands classified as public domain cannot be acquired through prescription unless reclassified as alienable and disposable.
Gayo v. CA (G.R. No. 141047, 2005):
- Reinforced the importance of continuous, exclusive, and uninterrupted possession.
Buenaventura v. CA (G.R. No. 126376, 1998):
- Addressed bad faith possession and its implications on the prescriptive period.

Policy Considerations

The doctrine of acquisitive prescription balances:
- The necessity of stabilizing ownership and property relationships.
- Encouraging the diligent use of property while penalizing neglect by rightful owners.

By meeting the stringent requirements under the Civil Code and Philippine jurisprudence, possession ripens into ownership through acquisitive prescription, granting legal title to the possessor.