Philippine Bar review · Question

Practice question: Prescription

Multiple Choice Hard

Practice question

An occupant has used a Torrens-registered parcel openly for forty years and paid its real-property taxes. The registered owner never conveyed the property to the occupant. The occupant seeks title solely through extraordinary acquisitive prescription, arguing that thirty years defeats all titles. Which answer is correct?
  1. The occupant automatically owns it because thirty years always suffices
  2. PD 1529 Section 47 bars the claimed prescriptive acquisition against the registered owner's title despite the alleged duration and tax payments
  3. Tax payments alone cancel the certificate
  4. The court must apply the movable-property period
  5. Extraordinary prescription requires only the owner's absence

Legal references

  • PD 1529 Section 47: https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html
  • Civil Code Articles 1113, 1117–1137: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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