Text of the provision
Art. 540. Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion.
(447)
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
Only possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion (by prescription). A mere holder's possession, however long, never ripens into ownership.
Questions about this provision
Related provisions
- Article 539 — Protection of Possession.
- Article 541 — Presumption of Just Title.
Cases citing this article
- Adoracion L. Basilio and Lolita P. Lucero vs. Perla Callo, G.R. No. 223763, November 23, 2020 — read the decision on LawPhil →
- Fernanda Cequeña, et al. vs. Honorata Bolante, G.R. No. 137944, April 6, 2000 — 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.