Civil Code Art. 1124: Prescription of

Statute: Civil Code
Article: Art. 1124
Topic: Prescription of Ownership and Other Real Rights
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. 1946a of the old Civil Code
Year: 1949

The provision

Judicial summons shall be deemed not to have been issued and shall not give rise to interruption: (1) If it should be void for lack of legal solemnities; (2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse; (3) If the possessor should be absolved from the complaint. In all these cases, the period of the interruption shall be counted for the prescription. (1946a)

Cases applying this article

C.N. Hodges v. Alberto Granada G.R. No. 39496
Juan Verceluz v. Deogracias Edaño G.R. No. 21284

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