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Showing posts from February, 2017

Article 1140-1141

Art. 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. (1962a)  Art. 1141. Real actions over immovables prescribe after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963)  TITLE  ANTONIO JAMES , et al. Petitioners vs  EUREM REALTY DEVELOPMENT CORPORATION , Respondent.  FACTS  On September 17, 2003, the heirs of Gorgonio James filed a case for Declaration of Nullity of Title and Ownership of Real Property with Damages against Eurem Realty Development Corporation. The petitioners claims they are the registered owners of a property in Dipolog City containing an area of 448 square meters covered by Transfer Certificate of Title (

Article 1112

Art. 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future. Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired.  Renunciation is Unilateral -The renunciation of prescription already acquired is a unilateral act, and does not require the acceptance of the person to be benefited by it. No formality is required for it; it may even be tacit.  Tacit Renunciation - Where a party acknowledges the correctness of the debt and promises to pay it after the same has prescribed and with full knowledge of the prescription, he thereby waives the benefit of prescription. Or, if after prescription has run, the maker of a note, in a letter to the holder thereof, acknowledges the existence of the debt , but says that an extension of time had been given to him, the case is taken out of prescription. Bu