Civil Code Art. 1106: General Provisions

Statute: Civil Code
Article: Art. 1106
Topic: General Provisions
Status: In force
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE V PRESCRIPTION
Chapter: CHAPTER 1 General Provisions
Formerly: Art. 1930a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law. In the same way, rights and conditions are lost by prescription. (1930a)

Intellegal Wiki · In plain terms

Defines prescription: through the passage of time, and under the conditions the law sets, a person can acquire ownership and other real rights, and in the same way rights and actions can be lost. Time can thus both create and extinguish legal rights.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Higinio Francisco Yunti v. The Chinaman Dy-Yco G.R. No. 3018
W. E. Hicks v. Manila Hotel Company G.R. No. 9973
Lucio Algarra v. Sixto Sandejas G.R. No. 8385
Clara Marcelo v. El Chino Velasco G.R. No. 4640

Related provisions in this Chapter

Civil Code, Art. 1107 General Provisions
Civil Code, Art. 1108 General Provisions
Civil Code, Art. 1109 General Provisions
Civil Code, Art. 1112 General Provisions
Civil Code, Art. 1113 General Provisions
Civil Code, Art. 1114 General Provisions

Civil Code, Art. 1106 is found in CHAPTER 1 General Provisions of TITLE V PRESCRIPTION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.