- Statute
- Philippine Civil Code
- Article
- Art. 1129
- 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
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
For the purposes of prescription, there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor was not the owner or could not transmit any right. (n)
Intellegal Wiki · In plain terms
Just title, for prescription, means the adverse claimant did come into possession through one of the modes the law recognises for acquiring ownership or real rights — sale, donation, succession and the like — but the grantor was not the owner or could not transmit any right. The defect is in the grantor's right, not in the transaction. Article 1130 adds that the title must be true and valid and Article 1131 that it must be proved and is never presumed. Just title matters only for ordinary prescription: Article 1117 requires both good faith and just title, while the extraordinary prescription of Article 1137 needs neither.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Song Fo & Co. v. Manuel Oria G.R. No. 10056