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Question

V. DIFFERENT MODES OF ACQUIRING OWNERSHIP - C. Prescription

Mr. Santos has been occupying a piece of vacant land for the past 25 years without the knowledge and consent of the registered owner. The registered owner, Ms. Reyes, recently discovered this and wants to assert her ownership over the land. Meanwhile, Mr. Santos claims that he has acquired ownership of the land through prescription.

Upon investigation, it was found out that Mr. Santos has indeed been in possession of the land openly, peacefully, and continuously for the past 25 years. Notwithstanding, Ms. Reyes insists that she should still be considered the rightful owner.

1. Under the Civil Code, what are the requirements for the acquisition of ownership through prescription?
2. Discuss whether or not Mr. Santos can successfully acquire ownership of the land through acquisitive prescription.

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Answer