Text of the provision

Art. 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant.

(n)

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

Possession in wartime, when the civil courts are not open, is not effective for purposes of prescription.

Prescription in favor of an adverse claimant against the true owner ordinarily requires uninterrupted possession over the statutory period. This article withholds that benefit for any period of wartime possession occurring while the civil courts are closed, since the owner during such a period has no practical means of going to court to interrupt the running of prescription or otherwise assert his rights. Excluding that time from the count keeps the adverse claimant from profiting from a period when the true owner was effectively unable to respond.

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Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.