Text of the provision
Art. 1130. The title for prescription must be true and valid.
(1953)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The title for prescription must be true and valid — a fabricated or void title will not do.
The word title here refers to the legal basis a possessor claims for holding the thing as owner — such as a sale, donation, or other mode of acquisition. For that title to support prescription, it must be true, meaning it actually exists and was not merely invented or simulated, and valid, meaning it complies with whatever the law requires for that kind of transaction to have legal effect. A title that fails either test, however sincerely the possessor believes in it, does not qualify.
Questions about this provision
- I bought land from someone who turned out not to own it — do I have 'just title' for prescription?
- Can I use a simulated title to support a claim of ordinary prescription?
Related provisions
- Article 1129 — Just Title Defined.
- Article 1131 — Just Title Is Never Presumed.
Cases citing this article
- Reynaldo Telesforo, et al. vs. Court of Appeals, et al, G.R. No. 122249, January 29, 2004 — read the decision on LawPhil →
- Sotera Paulino Marcelo, et al. vs. Court of Appeals, et al, G.R. No. 131803, April 14, 1999 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.