Ordinary acquisitive prescription
Prescription, as a mode of acquiring ownership and other real rights over immovable property, is concerned with lapse of time in the manner and under conditions laid down by law, namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted, and adverse.
Acquisitive prescription of real rights may be ordinary or extraordinary. Ordinary acquisitive prescription requires possession in good faith and with just title for 10 years.(Mercado v. Espinocilla, G.R. No. 184109, February 1, 2012) When the Supreme Court speaks of possession in "good faith," it consists in the reasonable belief that the person from whom the thing is received has been the owner thereof, and can transmit his ownership. There is "just title", on the other hand, when the adverse claimant comes into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the grantor is not the owner or cannot transmit any right.(Tan v. Ramorez, 640 Phil. 370, 380-381 [2010]).
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