- Statute
- Philippine Civil Code
- Article
- Art. 1126
- 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. 1949a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter. As to lands registered under the Land Registration Act, the provisions of that special law shall govern. (1949a)
Intellegal Wiki · In plain terms
Ordinary prescription cannot run against a title recorded in the Registry of Property to the prejudice of a third person unless the adverse claimant also holds a recorded title, and the period then begins only from the recording of that later title. Recording therefore protects the registered owner against a possessor who has no recorded title of his own. The second paragraph removes land registered under the Land Registration Act from this article altogether and leaves it to that special law.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Resano v. Maco G.R. No. 226752
- Alvaro Tabora v. Maria Virginia M. Jayme G.R. No. 202878