Ordinary Prescription: Land Ownership and Adverse Possession in the Philippines

Simplified Query: Is the law of Ordinary Prescription applicable to an adverse claim on land in the Philippines when the claimant has possessed it for 35 years?

Ordinary Prescription in Philippine Law
The concept of "Ordinary Prescription" is a legal doctrine in the Philippines that allows someone to acquire ownership of property through continuous, adverse possession for a specified period of time. This legal principle, also known as "adverse possession," is outlined in the Civil Code of the Philippines, specifically under Article 1117.

Adverse Possession and Its Requirements
For ordinary prescription to apply, the possession must be in good faith, continuous, public, peaceful, and adverse to the interests of the true owner for a period of ten years. If the possession is in bad faith, or if the possessor does not have just title, the period extends to thirty years (extraordinary prescription). In the context of the given query, if someone has possessed land for 35 years, they have likely met the requirement for extraordinary prescription if their possession meets the other necessary criteria.

Criteria for Adverse Possession
To successfully claim land through adverse possession, several conditions must be met:

1. Continuous and Uninterrupted: The possessor must have maintained possession without interruption for the required time period.
2. Open and Notorious: The possession must be obvious to anyone, including the owner.
3. Exclusive: The possessor must have been the only one using the land.
4. Hostile and Adverse: The possession must be against the interests of the true owner, not with their permission.
5. Just Title and Good Faith: For ordinary prescription, the possession must be based on a legitimate claim and the possessor must believe they have the right to the property.

Legal Implications of Adverse Possession
Once a person meets the requirements for ordinary or extraordinary prescription, they can legally own the land. The adverse possessor must file a case to have their ownership legally recognized. However, if the original owner initiates legal action to recover the land before the prescription period is met, the adverse possessor's claim may be defeated.

Philippine Jurisprudence on Adverse Possession
The Supreme Court of the Philippines has consistently upheld the doctrine of adverse possession. In cases where individuals have continuously and openly possessed land for the required period, the courts have granted ownership under ordinary or extraordinary prescription, provided all legal requirements are met.

Conclusion
In the Philippines, the law of ordinary prescription allows for the acquisition of property through adverse possession if all necessary conditions are fulfilled. For those possessing land for 35 years, they may have a valid claim under extraordinary prescription, provided their possession aligns with legal requirements. This legal doctrine provides a mechanism for resolving long-standing land disputes and establishing rightful ownership.