Philippine Civil Code Art. 1118: Concept of an owner

Statute: Philippine Civil Code
Article: Art. 1118
Topic: Concept of an owner
Status: In force
Book: BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
Title: TITLE V PRESCRIPTION
Chapter: CHAPTER 2 Prescription of Ownership and Other Real Rights
Formerly: Art. 1941 of the old Civil Code
Year: 1949

The provision

Possession has to be in the concept of an owner, public, peaceful and uninterrupted. (1941)

Intellegal Wiki · In plain terms

To acquire property by prescription, the possession must have four qualities: in the concept of an owner (not as a tenant or by tolerance), public (open, not concealed), peaceful (not taken or held by force), and uninterrupted. If any one is missing, the possession does not count toward ownership. These four requisites are what separate mere occupancy from possession that can ripen into title.

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

Civil Code, Art. 1118 is found in CHAPTER 2 Prescription of Ownership and Other Real Rights 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 Provisions may have been amended or repealed.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.