D.

PRESCRIPTION PRESCRIPTION is a mode by which one acquires ownership and other real rights thru lapse of time; also a means by which one loses ownership, rights & actions; retroactive from the moment period began to run; founded on grounds of public policy; regarded as a statue of repose. KINDS: 1. Acquisitive General Requisites A. Capacity to acquire by prescription B. Thing capable of acquisition by prescription C. Possession of thing under certain condition D. Lapse of time provided by law 2. Extinctive- also called as limitation of actions Morales v CFI, 97 SCRA 872, 1980 Who may acquire by prescription 1. Person who is capable of acquiring property by other legal modes 2. STATE 3. Minors- through guardians or personally Against whom prescription run 1. Minors & incapacitated person who have guardian 2. Absentees who have administrators 3. Persons living abroad who have administrators

4. Juridical persons except the state with regard to property not patrimonial in character 5. Between husband & wife 6. Between parents & children ( during minority/ insanity) 7. Between guardian & ward ( during guardianship) 8. Between co-heirs/ co owners 9. Between owner of property & person in possession of property in concept of holder PRESCRIPTION DOES NOT RUN 1. Between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree 2. Between parents and children, during the minority or insanity of the latter 3. Between guardian and ward during the continuance of the guardianship Things subject to prescription: all things within the commerce of men 1. Private property 2. Patrimonial property of the State Things not subject to prescription 1. 2. 3. 4. Public domain Intransmissible rights Movables possessed through a crime Registered land

Renunciation of Prescription Persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future May be express or tacit

Prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired Creditors & persons interested in making prescription effective may avail it themselves not withstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS Kinds of Acquisitive prescription 1. Ordinary (1) Possession in good faith (2) Just title (3) Within time fixed by law a. 4 years for movables b. 8 years for immovables (4) In concept of an owner (5) Public, peaceful, uninterrupted 2. Extra ordinary (1) Just title is proved (2) Within time fixed by law a. 10 years for movables b. 30 years for immovables (3) In concept of an owner (4) Public, peaceful, uninterrupted GOOD FAITH Reasonable belief that person who transferred the thing is the owner & could validly transmit ownership Must exist throughout the entire period required for prescription

Titulo Colorado- such title where there was a mode of transferring ownership but something is wrong because the grantor is not the owner Titulo putativo- a person believes he has obtained title but he has not because there was no mode of acquiring ownership, as when one is in possession of a thing in the mistaken belief that it had been bequeathed to him

JUST TITLE (TRUE & VALID)- must be proved & never presumed; only Titulo Colorado is required