Text of the provision
Art. 1138. In the computation of time necessary for prescription the following rules shall be observed:
(1) The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest;
(2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary;
(3) The first day shall be excluded and the last day included.
(1960a)
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
In computing the time for prescription: the present possessor may tack his possession to that of his grantor or predecessor; possession during the intervening period is presumed; the first day is excluded and the last included.
Questions about this provision
Related provisions
- Article 1137 — Extraordinary Prescription — 30 Years.
- Article 1139 — Actions Prescribe by Lapse of Time.
Cases citing this article
- Roi Guzman David vs. Caridad D. Butay, G.R. No. 220996, April 26, 2022 — read the decision on LawPhil →
- Nenita Quality Foods Corporation vs. Crisostomo Galabo, et al, G.R. No. 174191, January 30, 2013 — read the decision on LawPhil →
- Limcoma Multi-Purpose Corp. vs. Republic of the Philippines, G.R. No. 167652, July 10, 2007 — read the decision on LawPhil →
- Servando Mangahas vs. the Hon. Court of Appeals, et al, G.R. No. 95815, March 10, 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.