Petitioner
Morales
Respondent
Gonzaga
Citation
G.R. No. L-52278
Court
Supreme Court
Decided
May 29, 1980

Summary

Petitioner sought to recover possession and ownership of real property through a case filed 15 years after a previous similar case was dismissed without prejudice. The trial court dismissed the complaint ruling that the action had prescribed and defendants had acquired the property through acquisitive prescription. The Supreme Court reversed, clarifying the distinction between acquisitive and extinctive prescription. Under Article 1141 of the Civil Code, real actions over immovables prescribe after thirty years, not ten. Since only 15 years had elapsed, the action had not prescribed. The Court also noted that defendants never properly claimed or proved acquisitive prescription. The case establishes important principles regarding the computation of prescription periods and the requirements for asserting acquisitive prescription in real property disputes.

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By the Intellegal Editorial Board · May 29, 1980

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