- Statute
- Civil Code
- Article
- Art. 1123
- Topic
- Prescription of Ownership and Other Real Rights
- 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. 1945a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Civil interruption is produced by judicial summons to the possessor. (1945a)
Intellegal Wiki · In plain terms
The running of a prescriptive period is civilly interrupted when the possessor is judicially summoned — that is, when a court action is filed and summons served. Once interrupted, the period stops and, as a rule, must start over. This is how an owner defeats a claim of acquisitive prescription: by suing the occupant in time.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Heirs of Marcelina Arzadon-Crisologo v. Agrifina Rañon, the Supreme Court held: Civil interruption of prescription requires a judicial summons (Article 1123); a notice of adverse claim does not interrupt it, and open, continuous, exclusive, and notorious possession for over thirty years gives ownership by extraordinary acquisitive prescription (Article 1137).
One leading Supreme Court case applying this provision.