By Atty. Eduardo T. Reyes III
Does the passage of time have an effect in property law?
Occupying a piece of land may result in the acquisition of ownership. However, there are nuances to be reckoned.
First, it must be underlined that one’s possession can ripen into ownership under the principle known as “acquisitive prescription.”
Acquisitive prescription defined.
“Acquisitive prescription is a mode of acquiring ownership by a possessor through the requisite lapse of time. In order to ripen into ownership, possession must be in the concept of an owner, public, peaceful and uninterrupted. Furthermore, tax receipts and declarations are prima facie proofs of ownership or possession of the property for which such taxes have been paid. Coupled with proof of actual possession of the property, they may become the basis of claim for ownership.”(Paz Gesultura Jackson v. Elesio Cabatingan, deceased and survived by his heirs, namely: Climaca Pocson, et al, G.R. No. 231095, May 14, 2021).
Of course, if the claimant of a swathe of land is in possession of the same, then the benefits are all weighed in their favor.
Curiously, it must be asked: what if a co-owner, ie., a sibling or relative, possesses the entire land only for his/her own benefit? Will it have an adverse effect?
Rule on acquisitive prescription
among co-owners.
The rule is such that “prescription does not run in favor of a co-heir or co-owner for as long as the existence of the co-ownership is recognized.” (Substituted Heirs of Jaime S.T. Valiente v. Virginia A. Valiente, G.R. No. 194897, November 13, 2023).
However, one must be wary of the costly exception which is that:
Exception: x x x the 10-year and 30-year periods for acquisitive period under Articles 1134 and 1137 of the Civil Code, will only commence once there is a clear repudiation of the co-ownership. (Substituted Heirs of Jaime S.T. Valiente v. Virginia A. Valiente, G.R. No. 194897, November 13, 2023).
Necessarily, while the rule is that a co-owner cannot expel the other co-owners from their co-ownership rights as they are all bound by trust which is the essence of co-ownership, the exception will set in once the possessor/co-owner repudiates, disavows, or denies the existence of a co-ownership. This act is actually a claim that there is no co-ownership. Thus, when a co-owner possesses land claiming it to be their own, then the other co-owners must take legal action right away to avert the application of acquisitive prescription.
Prescription does not run in favor of a mere caretaker.
What about in cases where the owner engages a caretaker to oversee the land? Is there something to be wary about such an arrangement?
The answer is no. For so long as the caretaker admits the nature of his/her possession which is as a mere “caretaker,” it cannot ripen into ownership. Thus:
“In Samela v. Manotok Services, Inc., the Court held that “one cannot recognize the right of another, and at the same time claim adverse possession which can ripen to ownership, thru acquisitive prescription.” For prescription to set in, the possession, must be adverse, continuous, public, and to the exclusion of others. The possession must be that in the concept of an owner, and it must be public, peaceful, and uninterrupted. Acts of a possessory character by virtue of a license or mere tolerance on the part of the real owner are not sufficient. Maria Luisa and her family’s admission that they are caretakers of the property belies their claim of ownership.”(Morales v. De Guia, G.R. No. 247367, December 5, 2022).
The nature of the possession therefore matters. In simplest terms, when the possessor admits of the ownership by the real owner, then there is nothing to worry about. However, when the possessor is claiming the land as their own, then it is a cause for alarm that needs to be addressed right away.
(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).
