BOOK IIITITLE V.
– the opposite party, on the
PRESCRIPTION
CHAPTER 1 GENERAL
PROVISIONS
WHAT IS PRESCRIPTION?
Prescription 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).
WHAT ARE THE DIFFERENT
CONCEPTS OF
PRESCRIPTION?
Prescription is a legal term used to
refer to
a. Acquisitive prescription -- the
acquisition of right by the
lapse of time under the
conditions laid down by
law (Article 1106, par. 1),
which may be ordinary or
extra-ordinary.
b. Extinctive prescription (or statute
of limitation or limitation
of actions)—whereby
rights and actions are lost
by the lapse of time
(Articles 1106, par. 2 and
1139). 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. WHAT
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,
under whom he claims,
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
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
Page 2 of 165 Notes on Prescription,
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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?
Laches 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
one’s right, but rather to avoid
recognizing a right when to do so
would result in a clearly inequitable
situation.
WHAT ARE THE REQUISITES
OF LACHES?
The following are the requisites of
laches:
a. Conduct on the part of the
defendant, or of one
giving rise to the situation
of which complaint is
made and for which the
complaint seeks a
remedy;
b. Delay in asserting the
complainant’s rights, the
complainant having had
knowledge or notice of
the defendant’s conduct
and having been afforded
an opportunity to institute
a suit;
c. Lack of knowledge or notice on
the part of the defendant
that the complainant
would assert the right
which he bases his suit;
and
d. 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.
d. Laches applies in equity, whereas
prescription applies at
law.
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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, persons, either personally
18 SCRA 1040).WHAT ARE THE or through their parents,
BASIC REQUIREMENTS OF guardians or legal
PRESCRIPTION AS A MODE representatives. Minors
OF and incapacitated persons
may acquire property by
ACQUISITION? prescription personally if
they have discernment.
This means the presence
As a mode of acquisition, of an intention to
prescription requires the following
appropriate the property
essential elements: to become their own. This
intention is an essential
a. There must be actual possession ingredient of possession –
of a property, which is the principal element of
susceptible of prescription. However, if
prescription; the minor or incapacitated
person has no
discernment, he can
b. Possession must be in the concept become an owner by
of an owner and not that prescription only through
of a mere holder (Article representatives.
1118);
Page 4 of 165 Notes on Prescription,
c. Possession must be public or Obligations and Contracts K.P. Dela
open (Article 1118);
Serna
d. Possession must be peaceful WHO ARE THE PERSONS
(Article 1118); AGAINST WHOM
PRESCRIPTION MAY RUN?
e. Possession must be continuous
Acquisitive and extinctive
and not interrupted
prescriptions run against certain
(Article 1118);
persons:
f. Possession must be averse, that (1)Minors and other incapacitated
is, exclusive and not persons who have parents, guardians
merely tolerated; and or other legal representatives;
g. Possession must satisfy the full (2)Absentees who have
period required by law administrators, either appointed by
(Articles 1132; 1134; them before their disappearance, or
1137). WHO ARE THE appointed by the courts;
PERSONS
CAPACITATED TO (3)Persons living abroad, who have
ACQUIRE PROPERTY managers or administrators;
BY PRESCRIPTION?
Under Article 1107, the . (4)  Juridical persons, except the
following may acquire State and its subdivisions
property by (Article 1108).
prescription: . (5)  Prescription, acquisitive and
extinctive, runs in favor
of, or against a married
a. Persons who can acquire property
woman (Article 1110).
rights through the other
This presupposes a
modes of acquiring
situation where the
ownership. When a
parties involved are a
person is capable of
married woman and
becoming an owner under
another person not her
Article 712, generally
husband. Prescription
such a person has full
may be in favor of or
civil capacity and does
against the married
not suffer from
woman.
disqualification.
Persons who are disqualified from
b. Minors or other incapacitated 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:
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);
Page 5 of 165 Notes on Prescription,
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Alienation made by the husband
without the wife’s consent provided
that the marriage was celebrated
under the Civil Code (Article 173,
CC).
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.
MAY PRESCRIPTION RUN
AGAINST CO-OWNERS?
Prescription does not run against co-
owners except when a co- owner
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).
WHEN IS THERE TACIT
RENUNCIATION?
Prescription is deemed to have been
tacitly renounced when 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 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).
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WHAT ARE THE RIGHTS OF
CREDITORS AND ALL OTHER
PERSONS INTERESTED IN
MAKING THE PRESCRIPTION
EFFECTIVE?
Creditors and all other persons
interested in making the prescription
effective may 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.
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?
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:
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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; andb. 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 2PRESCRIPTION OF
OWNERSHIP AND OTHER
REAL RIGHTS
WHAT 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 prescription;
whereas prescription where there is
bad faith is called extra-ordinary
prescription.
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.
WHAT ARE THE ADDITIONAL
REQUISITES IN ORDINARY
PRESCRIPTION?
Aside from the basic requirements of
acquisitive prescription already
stated, if prescription is ordinary, the
additional requisites are:
a. Good faith (Article 1128), and
b. Just title (Article 1129) 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).
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
Page 8 of 165 Notes on Prescription,
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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).
The related Articles which must be
considered in the determination of
good faith in prescription of
ownership are the following:
a. Article 526 -- He is deemed a
possessor in good faith who is not
aware that there exists in his title or
mode of acquisition any flaw which
invalidates it.
He is deemed a possessor in bad
faith who possesses in any case
contrary to the foregoing.
Mistake upon a doubtful or difficult
question of law may be the basis of
good faith.
b. Article 527 -- Good faith is always
presumed, and upon him who alleges
bad faith on the part of a possessor
rests the burden of proof.
c. Article 528 -- Possession acquired
in good faith does not lose this
character except in the case and from
the moment facts exist which show
that the possessor is not unaware that
he possesses the thing improperly or
wrongfully.
d. Article 529 -- It is presumed that
possession continues to be enjoyed
in the same character in which it was
acquired, until the contrary is
proved.
WHAT IS MEANT BY “JUST
TITLE”?
Just title means that the possessor
obtained the possession of the
property through one of the modes
recognized by law for acquiring
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?
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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 of the
property. Example:
Harvesting of seasonal
fruits from fruit bearing
trees.
e. The possession must be
ADVERSE. 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 expressly repudiated
and such repudiation has
been communicated to
the other party.
f. The acts of possessory character
must not be executed in
virtue of LICENSE OR
BY MERE
TOLERANCE of the
owner because the acts
shall not be available for
the purposes of
possession (Article 1119).
HOW IS POSSESSION
INTERRUPTED FOR
PURPOSES OF
PRESCRIPTION?
Possession is interrupted
for the purposes of
prescription,
naturally or civilly (Article 1120).
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. Civil interruption is produced by
judicial summons to the
possessor (Article 1123),
except: a) If it should be
void for lack of legal
solemnities;
Page 10 of 165 Notes on
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. b)  If the plaintiff should desist
from the complaint or
should allow the
proceedings to lapse;
. c)  If the possessor should be
absolved from the
complaint (Article 1124).
c. Any express or tacit recognition
which the possessor may make of the
owner's right also interrupts
possession (Article 1125).
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 A
TITLE RECORDED IN
THE REGISTRY OF
PROPERTY, 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.
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 EIGHT
YEARS, WITHOUT
NEED OF ANY OTHER
CONDITION.
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
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1 2
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 TEN
YEARS (Article 1134).
b. Ownership and other real rights
over immovables also
prescribe through
uninterrupted adverse
possession thereof for
THIRTY YEARS,
without need of title or of
good faith (Article 1137).
WHAT 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?
Possession in wartime, when the
civil courts are not open, shall not be
counted in favor of the adverse
claimant (Article 1136).
WHAT ARE THE RULES IN
THE COMPUTATION OF TIME
NECESSARY FOR
PRESCRIPTION?
Article 559. The possession of
movable property acquired in good
faith is equivalent to a title.
Nevertheless, one who has lost any
movable or has been unlawfully
deprived thereof, may recover it
from the person in possession of the
same. If the possessor of a movable
lost or which the owner has been
unlawfully deprived, has acquired it
in good faith at a public sale, the
owner cannot obtain its return
without reimbursing the price paid
therefor.
2
1
ARTICLE 1505. Subject to the
provisions of this Title, where goods
are sold by a person who is not the
owner thereof, and who does not sell
them under authority or with the
consent of the owner, the buyer
acquires no better title to the goods
than the seller had, unless the owner
of the goods is by his conduct
precluded from denying the seller's
authority to sell.Nothing in this Title,
however, shall affect:(1) The
provisions of any factors' acts,
recording laws, or any other
provision of law enabling the
apparent owner of goods to dispose
of them as if he were the true owner
thereof;(2) The validity of any
contract of sale under statutory
power of sale or under the order of a
court of competent jurisdiction;(3)
Purchases made in a merchant's
store, or in fairs, or markets, in
accordance with the Code of
Commerce and special laws. (n)
casia
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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
continuation of the possession of the
predecessor in interest - The present
possessor may complete the period
necessary for 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 invoke the possession
of the previous possessor.
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?
Page 13 of 165 Notes on
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Contracts K.P. Dela Serna
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.
CHAPTER 3 PRESCRIPTION
OF ACTIONS
HOW DO ACTIONS
PRESCRIBE?
Actions prescribe by the mere lapse
of time fixed by law (Article 1139).
WHEN DO ACTIONS
PRESCRIBE?
1. ACTIONS TO RECOVER
MOVABLES:
Actions to recover movables shall
prescribe EIGHT YEARS from the
time the possession thereof is lost,
unless the possessor has 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 EIGHT
YEARS, WITHOUT
NEED OF ANY OTHER
CONDITION.
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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).
4. Movables possessed through a
crime can never be
acquired through
prescription by the
 offender (Article 1133).
2. REAL ACTIONS OVER
IMMOVABLES:
Real actions over immovables
prescribe after THIRTY YEARS.
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
TEN YEARS (Article 1142).
4. ACTIONS UPON A WRITTEN
CONTRACT; UPON AN
OBLIGATION CREATED BY
LAW; UPON A JUDGMENT:
They must be brought within TEN
YEARS from the time the right of
action accrues (Article 1144).
5. ACTIONS UPON AN ORAL
CONTRACT; ACTIONS UPON A
QUASI-CONTRACT :They must be
commenced within SIX YEARS
(Article 1145).
6. ACTIONS UPON AN INJURY
TO THE RIGHTS OF THE
PLAINTIFF; ACTIONS UPON A
QUASI- DELICT:
They must be instituted within
FOUR YEARS.
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 AND
DETAINER; FOR DEFAMATION:
They must be filed within ONE
YEAR (Article 1147).
Page 15 of 165 Notes on
Prescription, Obligations and
Contracts K.P. Dela Serna
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;
. (2)  To bring an action to abate a
public or private nuisance
(Article
1143).
OTHERS:
(1)An action to declare a contract
null and void;(2)An action to quite
title initiated by the person having
possession
of the property;(3)An action to
partition a property among co-heirs;
(4)When the trust is merely an
implied one, unless expressly
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).
Page 16 of 165 Notes on
Prescription, Obligations and
Contracts K.P. Dela Serna
FROM WHAT TIME SHALL
THE PERIOD OF
PRESCRIPTION BE COUNTED?
a.
b.
c.
d.
e.
f.
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).
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).
The period for prescription of actions
to demand the fulfillment of
obligation declared by a judgment
commences from the time the
judgment became final (Article
1152).
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).
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
nd
interested parties (Article 1153, 2
par.).
The period during which the obligee
was prevented by a fortuitous event
from enforcing his right is not
reckoned against him (Article 1154).

WHEN IS PRESCRIPTION OF
ACTIONS INTERRUPTED
UNDER THE CIVIL CODE?

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).