Philippine Bar review · Question

Practice question: Prescription

Multiple Choice Hard

Practice question

For thirty-two uninterrupted years, a claimant has publicly, peacefully and adversely possessed private, unregistered land in the concept of owner. The land has throughout been susceptible of prescription; no suspension, interruption or special statutory bar applies. The claimant lacks just title and knew the transferor did not own it. Which statement is correct?
  1. Lack of good faith and title necessarily defeats every form of prescription
  2. Extraordinary prescription under Article 1137 can apply without just title or good faith when its other requisites are met
  3. The ten-year ordinary rule applies without good faith
  4. Only payment of taxes matters
  5. The land necessarily remained public dominion

Legal references

  • Civil Code Articles 1113, 1117–1137: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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