- Statute
- Philippine Civil Code
- Article
- Art. 1130
- 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. 1953 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The title for prescription must be true and valid. (1953)
Intellegal Wiki · In plain terms
The just title on which ordinary prescription rests must be true and valid — a real and legally sufficient act of transfer, not a simulated or fictitious one. Read with Article 1129, which places the defect in the grantor's lack of right rather than in the transaction itself, and with Article 1131, under which just title must be proved and is never presumed, the effect is that a claimant invoking ordinary prescription must produce an actual title whose only flaw is that the grantor could not convey.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- The United States v. Ambrosio Tiqui G.R. No. 915
Related provisions in this Chapter
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