Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

CHAPTER 1 GENERAL PROVISIONS WHAT

IS PRESCRIPTION ?

It is a mode of acquiring (or losing) ownership and other real rights thru the lapse of time in the manner and under the conditions laid down by law (Article 1106). Lapse of time - This refers to the time frame within which an action should be filed in court from the time the cause of action has accrued, failing in which, the action is deemed barred by the lapse of the prescribed time. RATIONALE

FOR PRESCRIPTION

Purely of statutory originwhich is founded on grounds of public policy which requires for the peace of society, that juridical relations susceptible of doubt and which may give rise to disputes, be fixed and established after the lapse of a determinate time so that ownership and other rights may be certain for those who have claim in them Statute of reposeit protects the diligent and vigilant, not the person who sleeps on his rights but it is indeed the better rule that courts, under the principle of equity, will not be guided or bound strictly by the nature of limitations or the doctrine of laches when to do so, manifest wrong and injustice will result WHAT
ARE THE DIFFERENT CONCEPTS OF PRESCRIPTION ?

Prescription is a legal term used to refer to

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

a. Acquisitive prescription o The acquisition of right by the lapse of time under the conditions laid down by law (Article 1106, par. 1), o o o It vests property It may be ordinary or extra-ordinary. Ownership of a parcel of land may be acquired by the open (public), continuous, peaceful, and exclusive possession in the concept of an owner and in good faith for 10 years; or by the uninterrupted, adverse and notorious possession for 30 years without need of title or of good faith. The first is called ordinary acquisitive prescription while the latter is called extraordinary acquisitive prescription

b. Extinctive prescription (or statute of limitation or limitation of actions) o o WHAT Whereby rights and actions are lost by the lapse of time (Articles 1106, par. 2 and 1139). It bars the right of action
IS THE DIFFERENCE BETWEEN THE TWO CONCEPTS ?

a. Acquisitive prescription is a mode of acquiring ownership while extinctive prescription is a way of extinguishing a cause of action for failure to file it within the required period. b. In acquisitive prescription, a party becomes the owner of a property by prescription while the previous owner loses the property. In extinctive prescription, if a party is barred to file an action because of prescription, the opposite party, on the other hand, is liberated from the obligation or liability. c. Acquisitive prescription applies to civil cases while extinctive prescription is applicable to all kinds of action whether civil or 2

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

criminal. There are, however, exceptions wherein the action, by mandate of the law, does not prescribe like an action to demand a right of way (Article 1143); action to abate nuisance (Article 1143); action to declare the invalidity of a void contract (Article 1410). [Vide Morales vs. Court of First Instance of Misamis Occidental, G.R. No. L-52278, May 29, 1980, 97 SCRA 872.] WHAT
IS LACHES ?

It is unreasonable delay in the bringing of a cause of action before the courts of justice. It is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to assert it. The principle of laches is a creation of equity. It is applied, not really to penalize neglect or sleeping upon ones right, but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation. Warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it Doctrine of Stale Demands Examples: knowing the correct property line, Oliver Owner fails to bring a lawsuit to establish title to a portion of real estate until Nat Neighbor has built a house which encroaches on the property in which Owner has title; Tommy Traveler learns that his father has died, but waits four years to come forward until the entire estate has been distributed on the belief that Tommy was dead; Susan Smart has a legitimate claim against her old firm for sexual

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

harassment, but waits three years to come forward and file a lawsuit, after the employee who caused the problem has died, and the witnesses have all left the company and scattered around the country. Either a 1.) Recourse in equityapplies only in the absence of a statutory prescriptive period; or 2.) An equitable doctrine application is controlled by equitable considerations When doctrine of laches do not apply: a. Is not to be applied mechanically as between near relatives b. Delay in the assertion of right is not unreasonable WHAT
ARE THE REQUISITES OF LACHES ?

1. Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made and for which the complaint seeks a remedy; 2. Delay in asserting the complainants rights, the complainant having had knowledge or notice of the defendants conduct and having been afforded an opportunity to institute a suit; 3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right which he bases his suit; and 4. Injury or prejudice to the defendant in the event relief is accorded to the complainant, or the suit is not held barred (Abraham vs. Recto-Kasten, G.R. No. L-16741, January 1962). HOW
IS PRESCRIPTION DISTINGUISHED FROM LACHES ?

a. Prescription is concerned with the fact of delay while laches is concerned with the effect of delay; b. Prescription is a matter of time while laches is principally a question of the inequity of permitting a claim to be enforced, this inequity being founded on some change in the condition of the property or the relations of the parties. c. Prescription is statutory; laches is not.

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

d. Laches applies in equity, whereas prescription applies at law. e. Prescription is based on a fixed time; laches is not (Nielson & Co., Inc. vs. Lepanto Mining Co., G.R. No. L-21601, December 17, 1966, 18 SCRA 1040). WHAT a. b. c. d. e. f. g.
ARE THE BASIC REQUIREMENTS OF PRESCRIPTION AS A MODE OF ACQUISITION ?

There must be actual possession of a property, which is susceptible of prescription; Possession must be in the concept of an owner and not that of a mere holder (Article 1118); Possession must be public or open (Article 1118); Possession must be peaceful (Article 1118); Possession must be continuous and not interrupted (Article 1118);

Possession must be averse, that is, exclusive and not merely tolerated; and Possession must satisfy the full period required by law (Articles 1132; 1134; 1137). WHO
ARE THE PERSONS CAPACITATED TO ACQUIRE PROPERTY BY PRESCRIPTION ?

General rule: Capacity to acquire property or rights by other legal modes is required for prescription. Exception: Minors and other incapacitated persons with discernment can acquire through prescription, but this acquisition will be voidable or annullable, and can be ratified when the minor comes of age or when the incapacitated becomes capacitated. When discernment is absent, these persons can acquire through their legal representatives. This acquisition is completely valid. Discernment requires animus rem sibi habiendi (an intent to appropriate the thing as ones own), an essential element of possession.

Under

Article

1107,

the

following

may

acquire

property

by 5

Civil Law Book III Notes on Prescription prescription:

Judge Soriano Eunice R. Bustamante

a. Persons who can acquire property rights through the other modes of acquiring ownership. When a person is capable of becoming an owner under Article 712, generally such a person has full civil capacity and does not suffer from disqualification. b. Minors or other incapacitated persons, either personally or through their parents, guardians or legal representatives. Minors and incapacitated persons may acquire property by prescription personally if they have discernment. This means the presence of an intention to appropriate the property to become their own. This intention is an essential ingredient of possession the principal element of prescription. However, if the minor or incapacitated person has no discernment, he can become an owner by prescription only through representatives. WHO (1) (2) (3) (4) (5)
ARE THE PERSONS AGAINST WHOM PRESCRIPTION MAY RUN?

Acquisitive and extinctive prescriptions run against certain persons: Minors and other incapacitated persons who have parents, guardians or other legal representatives; Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts; Persons administrators; Juridical persons, except the State and its subdivisions (Article 1108). Prescription, acquisitive and extinctive, runs in favor of, or against a married woman (Article 1110). This presupposes a living abroad, who have managers or

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

situation where the parties involved are a married woman and another person not her husband. Prescription may be in favor of or against the married woman. Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. MAY

PRESCRIPTION RUN BETWEEN HUSBAND AND WIFE OR BETWEEN PARENTS AND

CHILDREN OR BETWEEN GUARDIAN AND WARD ?

Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree. Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship (Article 1109). Note that the prescription contemplated here is acquisitive and not extinctive. Thus, in the filing of actions against each other, extinctive prescription is applicable. EXAMPLES: 1. 2. Legal separation must be filed within five (5) years from the occurrence of the ground for legal separation (Article 57, FC); Generally, action for annulment of marriage by a spouse against the other must be filed within five (5) years (Article 47, FC); and 3. Alienation made by the husband without the wifes consent provided that the marriage was celebrated under the Civil Code (Article 173, CC)

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

WHAT

IS THE EFFECT OF PRESCRIPTION OBTAINED BY A CO-PROPRIETOR OR A CO-

OWNER?

Prescription obtained by a co-proprietor or a co-owner shall benefit the others (Article 1111). Thus, if a co-owner obtained a property by prescription which property incidentally must be related to the property held in common, the prescription benefits them all. General rule: Actual possession of the other parties in the coownership is not a requisite for the acquisition to favor the others. There is also no need for ratification of other co-owners in order that a prescription obtained by a party may benefit the others. Exception: When the prescription has no/distant relation with the properties owned in common, ratification is needed. MAY
PRESCRIPTION RUN AGAINST CO-OWNERS ?

Prescription does not run against co-owners except when a coowner made a definite repudiation of the co-ownership disclosed to the other co-owners (Article 494). WHO
CAN RENOUNCE PRESCRIPTION ALREADY OBTAINED ?

Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future (Article 1112, par. 1). The renouncing must not prejudice the rights of others (Article 6). Requisites of Renunciation of prescription already obtained: a. Person renouncing must have capacity to alienate property b. Renunciation must refer to prescription already obtained c. Must be made by the owner of the right d. Must not prejudice the rights of creditors Tacitrequires 1) acknowledgement of a debt and 2) the promise to pay it outside of the period and benefits of prescription

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

Renunciation not valid when1) made in advance: an agreement that obligations arising from a contract shall not be subject to prescription is not binding. 2) Made by representatives: only persons with capacity to alienate property may renounce the prescription already obtained. Bars the remedy, but does not bar the debt. Usually happens when there is a pending debt and the prescriptive time has elapsed, but the debtor acknowledges the debt and promises to pay it outside of the prescriptive period. The debtor effectively waives the right to the benefits of prescription, one of which is the inability of the creditor to collect the debt that has prescribed. Renunciation enables to creditor to recover the original contract. WHEN when
IS THERE TACIT RENUNCIATION ?

Prescription is deemed to have been tacitly or impliedly renounced the renunciation results from acts, which imply the abandonment of the right, acquired (Article 1112, par. 2). WHAT
THINGS MAY BE SUBJECT OF PRESCRIPTION ?

All things, which are within the commerce of men, are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial (not intended for public use nor renders any public service) in character shall not be the object of prescription (Article 1113). EXAMPLES
OF EXCEPTION :

a. Movables possessed through a crime can never be acquired by prescription by the offender (Article 1133); b. Lands covered by Torrens Title; c. Those outside the commerce of men (Article 1133); d. Properties of spouses, parents and children, wards and guardians, under the restrictions imposed by law (Article 1109).

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

e. Res nullius (property without an owner) is acquired by occupation and not by prescription f. Patrimonial property of the State c. Things and rights which are susceptible of being appropriated WHAT

ARE THE RIGHTS OF CREDITORS AND ALL OTHER PERSONS INTERESTED IN

MAKING THE PRESCRIPTION EFFECTIVE ?

Creditors

and

all

other

persons may

interested

in

making

the

prescription

effective

avail

themselves

thereof

notwithstanding the express or tacit renunciation by the debtor or proprietor (Article 1114). Thus, where a current creditor of a corporation, which had obtained prescription of its debts, may interpose and plead prescription to stop the corporation from paying prescribed debts to the prejudice of the said creditor. This complements Article 6 of the Civil Code. Rule is based on the principle that rights may be waived, unless the waiver is prejudicial to a third person with a right recognized by law WHAT

IS THE RULE IN CASE OF CONFLICT BETWEEN THE PROVISIONS ON PRESCRIPTION

AND SPECIFIC PROVISIONS IN THE SAME

CODE,

OR IN SPECIFIC LAWS?

The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with respect to specific cases of prescription (Article 1115). Thus, specific provisions on prescription separately found in the Code and in special laws shall prevail over the general provisions on prescription provided under Title V of the Code. WHAT
ARE THE TRANSITIONAL RULES FOR PRESCRIPTION ?

10

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required (Article 1116). Thus: a. If the period for prescription began and ended under the old laws, said old laws govern. b. If the period for prescription began under the new Civil Code, the new Civil Code governs. c. If the period began under the old law, and continues under the new Civil Code, the old law applies. EXCEPTION : In this third rule, it is the new Civil Code that will apply, provided two conditions are present: a. The new Civil Code requires a shorter period; and b. This shorter period has already elapsed since August 30, 1950. NOTE: It is more than fifty years since the new Civil Code became effective. The transitional rules may no longer find application today, although the same were applied before in several cases.

CHAPTER 2 PRESCRIPTION WHAT

OF

OWNERSHIP

AND

OTHER REAL RIGHTS

ARE THE KINDS OF ACQUISITIVE PRESCRIPTION ?

Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary (Article 1117). WHAT
ARE ORDINARY AND EXTRA -ORDINARY PRESCRIPTIONS ?

Prescription where there is good faith is called ordinary

11

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

prescription; whereas prescription where there is bad faith is called extra-ordinary prescription. 10 years for immovable and 4 years for movable Requisites to for Ordinary prescription: c. Adverse a. Capacity of the of the possessor to acquire by prescription b. Susceptibility of object prescription possession character prescribed by law d. Lapse of time required by law e. Good faith of the possessor f. Proof of just title Note that the title for prescription must be true and valid (Article 1130); and for the purposes of prescription, just title must be proved; it is never presumed (Article 1131). Prescription may arise even if the possessor is in bad faith. However, when the possessor is in bad faith, the period required for the actual possession is much longer to the case of a possessor in good faith. 30 years for immovable and 8 years for movable Requisites for Extraordinary prescription: a. Capacity of the possessor to acquire by prescription b. Susceptibility of object to prescription c. Adverse possession of the character prescribed by law d. Lapse of time required by law WHEN
IS A POSSESSOR CONSIDERED IN GOOD FAITH ?

A possessor is considered in good faith, if he is not aware of the existence of any flaw or defect in his title or mode of acquisition, which invalidates it (Article 526 in relation to Article 1128). Good faith consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership (Article 1127). WHAT JUST
TITLE ?

IS MEANT BY

Just title means that the possessor obtained the possession of the property through one of the modes recognized by law for acquiring

12

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

ownership (as enumerated under Article 712) but the transferor or grantor was not the owner of the property or he has no power to transmit the right (Article 1129). The just title is intended to transmit ownership and could have actually transmitted ownership had the transferor or grantor been the true owner of the property. This kind of possession arising from a just title can ripen into ownership if the other elements of prescription are present. WHAT
ARE THE CHARACTERISTICS OF POSSESSION NEEDED FOR PRESCRIPTION ?

Possession has to be in the concept of an owner, public, peaceful and uninterrupted (Article 1118). a. Possession in the
CONCEPT OF AN OWNER

means the possessor is

exercising the attributes of ownership over the property. He does not recognize any ownership over the property except his own. b. Possession of a property is considered
PUBLIC

when the

employment thereof is visible to all, especially to the very person against whom possession is being asserted. The possession must be publicly known to the community. c. Possession is
PEACEFUL

when it is acquired without force or

intimidation, and such character is maintained all throughout the period fixed by law. d. Possession is
UNINTERRUPTED OR CONTINUOUS

when the possessor has

not stopped exercising the rights of an owner over the property during the time fixed by law. However, if the right is exercisable at intervals, and the right is so exercised, there is still continuity in the possession
ADVERSE.

of

the

property.

Example:

Harvesting of seasonal fruits from fruit bearing trees. e. The possession must be Thus, mere possession with juridical title, such as by a lessee, mortgagee, usufructuary, trustee, or agent does not hold the proper adversely and in the concept of an owner, unless the juridical relationship is first

13

Civil Law Book III Notes on Prescription expressly repudiated and such

Judge Soriano Eunice R. Bustamante repudiation has been

communicated to the other party. f. The acts of possessory character must not be executed in virtue of 1119). HOW
IS POSSESSION INTERRUPTED FOR PURPOSES OF PRESCRIPTION ? LICENSE OR BY MERE TOLERANCE

of the owner because the acts

shall not be available for the purposes of possession (Article

Possession is interrupted for the purposes of prescription, naturally or civilly (Article 1120). Uninterrupted means that there is continuity in the holding of the property; it strengthens the adverse right of the possessor Interruption of possession: 1. Natural interruptionoccurs when through any cause, possession should cease for more than 1 year a. If same adverse claimant resumes possession after said interruptionold possession is not added to the new possession for purposes of prescription b. When possession is suspended (not interrupted), such as possession in wartime when civil courts are not openold possession is tacked to the new one c. Possession de facto is lost of new possession of another has lasted longer than 1 year, but real right of possession is not lost till after the lapse of 10 years d. Interruption is for only 1 year or lesstime elapsed is counted in favor of prescription 2. Civil interruptionproduced when judicial summons is served upon the possessor together with a copy of the complaint contesting the possession For recognition to produce interruption, it is essential that: a. It is made by the possessor himself or if made by a third person, recognition must be authorized or ratified by the possessor b. Must be valid and efficacious in law If it is obtained through violence, intimidation, fraud or any other cause which vitiates consent, it will not interrupt

14

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

possession c. Must have been made before prescription has already been obtained for otherwise, it will not be a case of recognition but of renunciation WHEN
IS POSSESSION INTERRUPTED ?

a. Possession is naturally interrupted when through any cause it should cease for more than one year (Article 1121, par. 1). b. Any express or tacit recognition, which the possessor may make of the owners right, also interrupts possession (Article 1125). c. Civil interruption is produced by judicial summons to the possessor (Article 1123), except: 1. If it should be void for lack of legal solemnities; 2. If the plaintiff should desist from the complaint or should allow the proceedings to lapse; 3. If the possessor should be absolved from the complaint (Article 1124) WHAT
ARE THE CONSEQUENCES OF INTERRUPTION ?

a. The old possession is not revived if a new possession should be exercised by the same adverse claimant (Article 1121, par. 2). b. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription (Article 1122). AGAINST REGISTRY PROPERTY ,

TITLE

RECORDED

IN

THE

OF

MAY

ORDINARY

PRESCRIPTION OF OWNERSHIP OR REAL RIGHTS TAKE PLACE TO THE PREJUDICE OF A THIRD PERSON ?

Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter.

15

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

As to lands registered under the Land Registration Act, the provisions of that special law shall govern (Article 1126). WHAT
IS THE PERIOD OF PRESCRIPTION OF MOVABLES ?

A. The ownership of movables prescribes through uninterrupted possession for

FOUR YEARS IN GOOD FAITH .

B. The ownership of personal property also prescribes through uninterrupted possession for
CONDITION . EIGHT YEARS, WITHOUT NEED OF ANY OTHER

C. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant's store the provisions of Articles 559 and 1505 of this Code shall be observed (Article 1132). D. Movables possessed through a crime can never be acquired through prescription by the offender (Article 1133). WHAT
IS THE PRESCRIPTIVE PERIOD FOR IMMOVABLE?

A. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of (Article 1134). B. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for without need of title or of good faith (Article 1137). WHAT
THIRTY YEARS, TEN YEARS

IS THE RULE WHEN THERE IS DISCREPANCY IN THE AREA POSSESSED AND IN THE

AREA EXPRESSED IN THE TITLE?

In case the adverse claimant possesses by mistake an area greater, or less, than that expressed in his title, prescription shall be based on the possession (Article 1135). WHAT
IS THE EFFECT OF POSSESSION IN WAR TIME ON PRESCRIPTION ?

16

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant (Article 1136). Prescription here is not interrupted but suspended

WHAT

ARE THE RULES IN THE COMPUTATION OF TIME NECESSARY FOR PRESCRIPTION ?

In the computation of time necessary for prescription the following rules shall be observed: (1) When the possession of the present possessor is just a possessor may complete the period necessary for continuation of the possession of the predecessor in interest - The present prescription by tacking his possession to that of his grantor or predecessor in interest; (2) When the character of the possession of the possessor has changed from good faith to bad faith - 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 (Article 1138). WHAT
IS MEANT BY TACKING OF POSSESSIONS OF TWO OR MORE POSSESSORS?

Tacking of possession is the linking of the possession of the present possessor to the possession of the immediate past possessor of an identical property for the purpose of completing the period needed for the prescription. The condition for the tacking of possession is that privity must exist between the present possessor and the predecessor in interest. In brief, the present possessor got his possession from the predecessor in interest. Consequently, a mere usurper cannot

17

Civil Law Book III Notes on Prescription invoke the possession of the previous possessor.

Judge Soriano Eunice R. Bustamante

There is no privity of interest where the present possessor came into possession of the disputed land by virtue of a void and fictitious sale (Ruiz vs. CA, 79 SCRA 525). Tacking is not allowed if the predecessor in interest has not satisfied the requirements of prescription. Otherwise, there can be no continuity in the nature of the possession. WHAT

IS THE RULE TO FOLLOW WHEN THE CHARACTER OF THE POSSESSION OF THE

PREDECESSOR IS DIFFERENT FROM THAT OF THE PRESENT POSSESSOR?

The law does not provide any solution to such kind of contingency. Thus, sound judgment must be resorted to, thus: a. If the predecessor was in good faith but the successor is in bad faith, should there be any tacking of possession? There are different views. Some writers say there must be no tacking. Others say, the good faith of the predecessor should not be set at naught. The second is the better view. The computation of the periods to be tacked should be proportionate, that is, in the proportion of what the period of possession in good faith bears to the period of extraordinary prescription. So it is in the proportion of 2:1 as regards movables and 3:1 for immovables. b. If the possession of the predecessor was in bad faith and the possession of the successor is in good faith, should there be tacking of possession? Possession of the predecessor in bad faith cannot be counted and added to that of the present possessor. Here, the possession of the predecessor cannot be considered ordinary prescription because such requires good faith all throughout the period fixed by law. However, for purposes of extraordinary prescription, the possession in bad faith of the predecessor can be tacked to the possession in bad faith of the successor. There is no prohibition to this.

18

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

CHAPTER 3 PRESCRIPTION HOW

DO ACTIONS PRESCRIBE ? OF

ACTIONS

Actions prescribe by the mere lapse of time fixed by law (Article 1139). Actions to enforce or preserve a right or claim must be brought within a certain period of time Prescription of action does not run against the government When the government is the real party in interest and is

proceeding mainly to assert its own rights and recover its own property, there can be no defense on the ground of laches or limitation Requisites for cause or right of action exists: a. A right in favor of the plaintiff by whatever means and under whatever law it arises or is created must be present b. An obligation on the part of the defendant to respect such right c. An act or omission on the part of such defendant violative of the right of the plaintiff WHEN 1.
DO ACTIONS PRESCRIBE ? TO

ACTIONS

RECOVER MOVABLES:
EIGHT YEARS

Actions to recover movables shall prescribe

from the

time the possession thereof is lost, unless the possessor has

19

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of articles 559, 1505, and 1133 (Article 1140), thus:
1.

The ownership of movables prescribes through uninterrupted possession for

FOUR YEARS IN GOOD FAITH .

2.

The ownership of personal property also prescribes through uninterrupted possession for
CONDITION . EIGHT YEARS, WITHOUT NEED OF ANY OTHER

3.

With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant's store the provisions of Articles 559 and 1505 of this Code shall be observed (Article 1132). Movables possessed through a crime can never be acquired through prescription by the offender (Article 1133).

4.

2. REAL ACTIONS

OVER IMMOVABLES: THIRTY YEARS.

Real actions over immovables prescribe after

This

provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription (Article 1141).

3. MORTGAGE ACTION: A mortgage action prescribes after 4. ACTIONS UPON JUDGMENT: They must be brought within action accrues (Article 1144). 5. ACTIONS UPON ORAL CONTRACT; ACTIONS UPON QUASI-CONTRACT:
TEN YEARS TEN YEARS

(Article 1142).

WRITTEN CONTRACT; UPON

AN

OBLIGATION CREATED BY LAW; UPON

from the time the right of

AN

20

Civil Law Book III Notes on Prescription They must be commenced within 6. ACTIONS UPON DELICT: They must be instituted within
FOUR YEARS. SIX YEARS

Judge Soriano Eunice R. Bustamante (Article 1145). PLAINTIFF; ACTIONS UPON QUASI-

AN

INJURY

TO THE

RIGHTS

OF THE

However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within
ONE

(1)

YEAR.

(Article 1146 as amended by PD No. 1755,

Dec. 24, 1980.) 7. FORCIBLE ENTRY DETAINER; FOR DEFAMATION:

ONE YEAR

AND

They must be filed within

(Article 1147).

NOTE: The limitations of action mentioned in Articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce, and in special laws (Article 1148). The phrase without prejudice means that, in proper cases, the prescriptive period in this chapter may be availed of notwithstanding other special provisions in other parts of the Civil Code, in the Code of Commerce and in special laws. Thus, even though the claim falls under the prescriptive period provided for in the Labor Code because of illegal and unlawful dismissal, the case may still fall within the ambit of injury to the rights of the plaintiff (Virgilio Callanta vs. Carnation Phi., Inc., G.R. No. L-70615, October 28, 1986, 145 SCRA 286). WHAT
RIGHTS ARE NOT EXTINGUISHED BY PRESCRIPTION ?

The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (1) To demand a right of way, regulated in Article 649;

21

Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

(2) To bring an action to abate a public or private nuisance (Article 1143). OTHERS: (1) (2) (3) (4) An action to declare a contract null and void; An action to quite title initiated by the person having An action to partition a property among co-heirs; When the trust is merely an implied one, unless expressly

possession of the property;

repudiated by the trustee. WHAT

IS THE PRESCRIPTIVE PERIOD FOR FILING ACTIONS WHOSE PERIODS ARE NOT

FIXED BY THE

CIVIL CODE

AND OTHER LAWS ?

All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues (Article1149). EXAMPLES: a. Action to impugn the recognition of a natural child (Article 296 Civil Code); b. Action to impugn the legitimation of a child (Article 275, Civil Code); c. Action to reduce inofficious donations (to be counted from the death of the donor) (Vide Article 772, Civil Code). FROM
WHAT TIME SHALL THE PERIOD OF PRESCRIPTION BE COUNTED ?

a. The time for prescription for all kinds of actions, when there is no special provision, which ordains otherwise, shall be counted from the day they may be brought (Article 1150). b. The time for the prescription of actions, which have, for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest (Article 1151). c. The period for prescription of actions to demand the

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Civil Law Book III Notes on Prescription

Judge Soriano Eunice R. Bustamante

fulfillment of obligation declared by a judgment commences from the time the judgment became final (Article 1152). d. The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions (Article 1153). e. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties (Article 1153, 2nd par.). f. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him (Article 1154). WHEN CIVIL CODE?

IS PRESCRIPTION OF ACTIONS INTERRUPTED UNDER THE

The prescription of actions is interrupted when: a. They are filed before the court; or b. When there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor (Article 1155).

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