- Statute
- Philippine Civil Code
- Article
- Art. 1138
- 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. 1960a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
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)
Intellegal Wiki · In plain terms
Three rules govern the counting of a prescriptive period. First, tacking: the present possessor may complete the period by adding his grantor's or predecessor's possession to his own. Second, a presumption of continuity — a present possessor who also possessed at an earlier time is presumed to have possessed throughout the intervening period, unless the contrary is proved. Third, the first day is excluded and the last day included. The rules apply to the ten-year ordinary period of Article 1134 and to the thirty-year extraordinary period of Article 1137 alike.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Limcoma Multi-Purpose Cooperative v. Republic of the Philippines G.R. No. 167652