LTD: Acquisitive Prescription
GR No. 155090
Soledad Calicdan vs Silverio Cendana
February 05, 2004
FACTS:
On August 25, 1947, Fermina
executed a deed of donation inter vivos whereby she conveyes the land to
respondent Silverio Cendana, who immediately entered into possession of the
land, build a fence around the land and constructed a two-storey residential
house thereon sometime 1949, where he resided until his death in 1998.
HELD:
Gesmundo vs Court of Appeals
provides that: Prescription is another mode of acquiring ownership and other
real rights over immovable property. It is concerned with the lapse of time in
the manner and under conditions laid down by law; that the possession should be
the concept of owner, public, peaceful, uninterrupted and adverse.
Acquisitive Prescription:
A. Ordinary
Acquisitive Prescription – requires possession in good faith and with just
title for ten years.
B. Extraordinary
Acquisitive Prescription – acquired through uninterrupted adverse possession
thereof for 30 years without need of title of good faith.
The good faith of the
possessor consists in the reasonable belief that the person form whom received
the thing was the owner thereof, and could transmit his ownership.
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