Civil Code Art. 1113: General Provisions

Statute: Civil Code
Article: Art. 1113
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. 1936a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. (1936a)

Intellegal Wiki · In plain terms

All things within the commerce of men may be acquired or lost by prescription unless the law provides otherwise. But State property that is not patrimonial — property for public use or public service — cannot be acquired by prescription. Only patrimonial State property can be.

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

Cases applying this article

Liwayway Andres v. Sta. Lucia Realty & Development G.R. No. 201405
Urbano Floriano v. Esteban Delgado G.R. No. 4410

Related provisions in this Chapter

Civil Code, Art. 1112 General Provisions
Civil Code, Art. 1114 General Provisions
Civil Code, Art. 1116 General Provisions
Civil Code, Art. 1109 General Provisions
Civil Code, Art. 1108 General Provisions
Civil Code, Art. 1107 General Provisions

Civil Code, Art. 1113 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 Provisions may have been amended or repealed.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.