Philippine Civil Code Art. 1119: License or Tolerance

Statute: Philippine Civil Code
Article: Art. 1119
Topic: License or tolerance
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. 1942 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. (1942)

Intellegal Wiki · In plain terms

Possession that someone holds only by the owner's permission or mere tolerance does not count toward acquiring the property by prescription. No matter how many years a person occupies land with the owner's consent, that time never ripens into ownership, because the possession is not adverse to the owner. This is why an owner who merely lets a relative or caretaker stay can still recover the property later.

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

Cases applying this article

National Power Corporation v. Sps. Jose C. Campos, Jr. G.R. No. 143643
Guillermo Nactor v. Intermediate Appellate Court G.R. No. 74122
Herminio M. Gutierrez v. Flora Mendoza-Plaza G.R. No. 185477

Related provisions in this Chapter

Civil Code, Art. 1117 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1121 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1123 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1124 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1125 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1126 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1128 Prescription of Ownership and Other Real Rights

Civil Code, Art. 1119 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 Provisions may have been amended or repealed.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.