This case has been cited 1 times or more.
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2003-08-07 |
PANGANIBAN, J. |
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| Unfortunately for petitioners, prescription cannot be taken in their favor because, as we mentioned earlier, there is no evidence on record that tacks on the property Petitioner Aquila's date of possession. "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 en concepto de dueño, public, peaceful and uninterrupted."[46] Coupled with the court a quo's finding that the claims of purchase were unsubstantiated, petitioners' acts of a possessory character -- acts that might have been merely tolerated by the owner -- did not constitute possession.[47] No matter how long tolerated possession is continued, it does not start the running of the prescriptive period.[48] | |||||