Thursday, 31 May 2012

Calicdan vs Cendana


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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