Civil Code Art. 1138: Prescription of

Statute: Civil Code
Article: Art. 1138
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. 1960a of the old Civil Code
Year: 1949

The provision

In the computation of time necessary for prescription the following rules shall be observed: (1) The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest; (2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary; (3) The first day shall be excluded and the last day included. (1960a)

Cases applying this article

Limcoma Multi-Purpose Cooperative v. Republic of the Philippines G.R. No. 167652

Related provisions in this Chapter

Civil Code, Art. 1137 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1132 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1128 Prescription of Ownership and Other Real Rights
Civil Code, Art. 1126 Prescription of Ownership and Other Real Rights

Civil Code, Art. 1138 is found in CHAPTER 2 Prescription of Ownership and Other Real Rights of TITLE V PRESCRIPTION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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