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BOOK IIITITLE V.

– the opposite party, on the under whom he claims,


PRESCRIPTION other hand, is liberated giving rise to the situation
from the obligation or of which complaint is
CHAPTER 1 GENERAL liability. made and for which the
PROVISIONS complaint seeks a
remedy;
c. Acquisitive prescription applies
WHAT IS PRESCRIPTION? to civil cases while
extinctive prescription is b. Delay in asserting the
Prescription is a mode of acquiring applicable to all kinds of complainant’s rights, the
(or losing) ownership and other real action whether civil or complainant having had
rights thru the lapse of time in the criminal. There are, knowledge or notice of
manner and under the conditions laid however, exceptions the defendant’s conduct
down by law (Article 1106). wherein the action, by and having been afforded
mandate of the law, does an opportunity to institute
not prescribe like an a suit;
WHAT ARE THE DIFFERENT
action to demand a right
CONCEPTS OF
of way (Article 1143);
PRESCRIPTION? c. Lack of knowledge or notice on
action to abate nuisance
(Article 1143); action to the part of the defendant
Prescription is a legal term used to declare the invalidity of a that the complainant
refer to void contract (Article would assert the right
which he bases his suit;
a. Acquisitive prescription -- the and
acquisition of right by the
lapse of time under the d. Injury or prejudice to the
conditions laid down by defendant in the event
law (Article 1106, par. 1), Page 2 of 165 Notes on Prescription,
Obligations and Contracts K.P. Dela relief is accorded to the
which may be ordinary or complainant, or the suit is
extra-ordinary. Serna
not held barred (Abraham
vs. Recto-Kasten, G.R.
1410). [Vide Morales vs. Court of No. L-16741, January
b. Extinctive prescription (or statute First Instance of Misamis
of limitation or limitation 1962). HOW IS
Occidental, G.R. No. L-52278, May PRESCRIPTION
of actions)—whereby 29, 1980, 97 SCRA 872.]WHAT IS
rights and actions are lost DISTINGUISHED
LACHES? FROM LACHES?
by the lapse of time
(Articles 1106, par. 2 and
1139). This refers to the Laches is unreasonable delay in the
bringing of a cause of action before a. Prescription is concerned with the
time frame within which fact of delay while laches
an action should be filed the courts of justice.
is concerned with the
in court from the time the effect of delay;
cause of action has It is failure or neglect, for an
accrued, failing in which, unreasonable and unexplained length
the action is deemed of time, to do that which, by b. Prescription is a matter of time
barred by the lapse of the exercising due diligence, could or while laches is principally
prescribed time. WHAT should have been done earlier; it is a question of the inequity
IS THE DIFFERENCE negligence or omission to assert a of permitting a claim to
BETWEEN THE TWO right within a reasonable time, be enforced, this inequity
CONCEPTS? warranting a presumption that the being founded on some
party entitled thereto either has change in the condition of
abandoned it or declined to assert it. the property or the
a. Acquisitive prescription is a relations of the parties.
mode of acquiring
The principle of laches is a creation
ownership while
of equity. It is applied, not really to
extinctive prescription is c. Prescription is statutory; laches is
penalize neglect or sleeping upon
a way of extinguishing a not.
one’s right, but rather to avoid
cause of action for failure
recognizing a right when to do so
to file it within the
would result in a clearly inequitable d. Laches applies in equity, whereas
required period.
situation. prescription applies at
law.
b. In acquisitive prescription, a WHAT ARE THE REQUISITES
party becomes the owner OF LACHES?
of a property by Page 3 of 165 Notes on Prescription,
prescription while the Obligations and Contracts K.P. Dela
The following are the requisites of
previous owner loses the Serna
laches:
property. In extinctive
prescription, if a party is e. Prescription is based on a fixed
barred to file an action a. Conduct on the part of the
time; laches is not (Nielson & Co.,
because of prescription, defendant, or of one
Inc. vs. Lepanto Mining Co., G.R.
No. L-21601, December 17, 1966, persons, either personally right to claim damages from their
18 SCRA 1040).WHAT ARE THE or through their parents, legal representatives whose
BASIC REQUIREMENTS OF guardians or legal negligence has been the cause of
PRESCRIPTION AS A MODE representatives. Minors prescription.
OF and incapacitated persons
may acquire property by MAY PRESCRIPTION RUN
ACQUISITION? prescription personally if BETWEEN HUSBAND AND
they have discernment. WIFE OR BETWEEN PARENTS
This means the presence AND CHILDREN OR BETWEEN
As a mode of acquisition, of an intention to
prescription requires the following GUARDIAN AND WARD?
appropriate the property
essential elements: to become their own. This
intention is an essential Prescription does not run between
a. There must be actual possession ingredient of possession – husband and wife, even though there
of a property, which is the principal element of be a separation of property agreed
susceptible of prescription. However, if upon in the marriage settlements or
prescription; the minor or incapacitated by judicial decree.
person has no
discernment, he can Neither does prescription run
b. Possession must be in the concept become an owner by between parents and children, during
of an owner and not that prescription only through the minority or insanity of the latter,
of a mere holder (Article representatives. and between guardian and ward
1118); during the continuance of the
guardianship (Article 1109).
Page 4 of 165 Notes on Prescription,
c. Possession must be public or Obligations and Contracts K.P. Dela
open (Article 1118); Note that the prescription
Serna
contemplated here is acquisitive and
not extinctive. Thus, in the filing of
d. Possession must be peaceful WHO ARE THE PERSONS actions against each other, extinctive
(Article 1118); AGAINST WHOM prescription is applicable.
PRESCRIPTION MAY RUN?

e. Possession must be continuous EXAMPLES:


Acquisitive and extinctive
and not interrupted
prescriptions run against certain
(Article 1118); Legal separation must be filed within
persons:
five (5) years from the occurrence of
the ground for legal separation
f. Possession must be averse, that (1)Minors and other incapacitated (Article 57, FC);
is, exclusive and not persons who have parents, guardians
merely tolerated; and or other legal representatives;
Generally, action for annulment of
marriage by a spouse against the
g. Possession must satisfy the full (2)Absentees who have other must be filed within five (5)
period required by law administrators, either appointed by years (Article 47, FC);
(Articles 1132; 1134; them before their disappearance, or
1137). WHO ARE THE appointed by the courts;
Page 5 of 165 Notes on Prescription,
PERSONS Obligations and Contracts K.P. Dela
CAPACITATED TO (3)Persons living abroad, who have Serna
ACQUIRE PROPERTY managers or administrators;
BY PRESCRIPTION? Alienation made by the husband
Under Article 1107, the . (4)  Juridical persons, except the without the wife’s consent provided
following may acquire State and its subdivisions that the marriage was celebrated
property by (Article 1108). under the Civil Code (Article 173,
CC).
prescription: . (5)  Prescription, acquisitive and
extinctive, runs in favor WHAT IS THE EFFECT OF
of, or against a married PRESCRIPTION OBTAINED BY
a. Persons who can acquire property
woman (Article 1110). A CO-PROPRIETOR OR A CO-
rights through the other
This presupposes a OWNER?
modes of acquiring
situation where the
ownership. When a
parties involved are a
person is capable of Prescription obtained by a co-
married woman and
becoming an owner under proprietor or a co-owner shall benefit
another person not her
Article 712, generally the others (Article 1111). Thus, if a
husband. Prescription
such a person has full co-owner obtained a property by
may be in favor of or
civil capacity and does prescription which property
against the married
not suffer from incidentally must be related to the
woman.
disqualification. property held in common, the
prescription benefits them all.
Persons who are disqualified from
b. Minors or other incapacitated administering their property have a
MAY PRESCRIPTION RUN WHAT ARE THE RIGHTS OF began under the new
AGAINST CO-OWNERS? CREDITORS AND ALL OTHER Civil Code, the new Civil
PERSONS INTERESTED IN Code governs.
Prescription does not run against co- MAKING THE PRESCRIPTION
owners except when a co- owner EFFECTIVE?
c. If the period began under the old
made a definite repudiation of the law, and continues under
co-ownership disclosed to the other Creditors and all other persons the new Civil Code, the
co-owners (Article 494). interested in making the prescription old law applies.
effective may avail themselves EXCEPTION:
WHO CAN RENOUNCE thereof notwithstanding the express
PRESCRIPTION ALREADY or tacit renunciation by the debtor or
OBTAINED? proprietor (Article 1114). Page 7 of 165 Notes on Prescription,
Obligations and Contracts K.P. Dela
Thus, where a current creditor of a Serna
Persons with capacity to alienate
property may renounce prescription corporation which had obtained
already obtained, but not the right to prescription of its debts, may In this third rule, it is the new Civil
prescribe in the future (Article 1112, interpose and plead prescription to Code that will apply, provided two
par. 1). The renouncing must not stop the corporation from paying conditions are present:
prejudice the rights of others (Article prescribed debts to the prejudice of
6). the said creditor. This complements
a. The new Civil Code requires a
Article 6 of the Civil Code.
shorter period; andb. This shorter
WHEN IS THERE TACIT period has already elapsed since
RENUNCIATION? WHAT IS THE RULE IN CASE August 30, 1950.
OF CONFLICT BETWEEN THE
PROVISIONS ON
Prescription is deemed to have been NOTE: It is more than fifty years
PRESCRIPTION AND SPECIFIC
tacitly renounced when the since the new Civil Code became
PROVISIONS IN THE SAME
renunciation results from acts which effective. The transitional rules may
CODE, OR IN SPECIFIC LAWS?
imply the abandonment of the right no longer find application today,
acquired (Article 1112, par. 2). although the same were applied
The provisions of the present Title before in several cases.
are understood to be without
WHAT THINGS MAY BE prejudice to what in this Code or in
SUBJECT OF PRESCRIPTION? CHAPTER 2PRESCRIPTION OF
special laws is established with
OWNERSHIP AND OTHER
respect to specific cases of
REAL RIGHTS
All things which are within the prescription (Article 1115).
commerce of men are susceptible of
prescription, unless otherwise WHAT ARE THE KINDS OF
Thus, specific provisions on
provided. Property of the State or ACQUISITIVE
prescription separately found in the
any of its subdivisions not PRESCRIPTION?
Code and in special laws shall
patrimonial in character shall not be prevail over the general provisions
the object of prescription (Article on prescription provided under Title Acquisitive prescription of dominion
1113). V of the Code. and other real rights may be ordinary
or extraordinary (Article 1117).
EXAMPLES OF EXCEPTION: WHAT ARE THE
TRANSITIONAL RULES FOR WHAT ARE ORDINARY AND
a. Movables possessed through a PRESCRIPTION? EXTRA-ORDINARY
crime can never be PRESCRIPTIONS?
acquired by prescription Prescription already running before
by the offender (Article the effectivity of this Code shall be Prescription where there is good
1133); governed by laws previously in faith is called ordinary prescription;
force; but if since the time this Code whereas prescription where there is
took effect the entire period herein bad faith is called extra-ordinary
b. Lands covered by Torrens Title;
required for prescription should prescription.
elapse, the present Code shall be
c. Those outside the commerce of applicable, even though by the Prescription may arise even if the
men (Article 1133); former laws a longer period might be possessor is in bad faith. However,
required (Article 1116). when the possessor is in bad faith,
the period required for the actual
d. Properties of spouses, parents and possession is much longer to the case
Thus:
children, wards and of a possessor in good faith.
guardians, under the
restrictions imposed by a. If the period for prescription
began and ended under WHAT ARE THE ADDITIONAL
law (Article 1109).
the old laws, said old REQUISITES IN ORDINARY
laws govern. PRESCRIPTION?
Page 6 of 165 Notes on Prescription,
Obligations and Contracts K.P. Dela Aside from the basic requirements of
Serna b. If the period for prescription acquisitive prescription already
stated, if prescription is ordinary, the character except in the case and from c. Possession is PEACEFUL when
additional requisites are: the moment facts exist which show it is acquired without
that the possessor is not unaware that force or intimidation, and
a. Good faith (Article 1128), and he possesses the thing improperly or such character is
wrongfully. maintained all throughout
the period fixed by law.
b. Just title (Article 1129) Note that d. Article 529 -- It is presumed that
the title for prescription possession continues to be enjoyed
must be true and valid d. Possession is
in the same character in which it was
(Article UNINTERRUPTED OR
acquired, until the contrary is CONTINUOUS when the
proved. possessor has not stopped
1130); and for the purposes of exercising the rights of an
prescription, just title must be WHAT IS MEANT BY “JUST owner over the property
proved; it is never presumed (Article TITLE”? during the time fixed by
1131). law. However, if the right
Just title means that the possessor is exercisable at intervals,
WHEN IS A POSSESSOR obtained the possession of the and the right is so
CONSIDERED IN GOOD property through one of the modes exercised, there is still
FAITH? recognized by law for acquiring continuity in the
ownership (as enumerated under possession of the
Article 712) but the transferor or property. Example:
A possessor is considered in good Harvesting of seasonal
grantor was not the owner of the
faith, if he is not aware of the fruits from fruit bearing
property or he has no power to
existence of any flaw or defect in his trees.
transmit the right (Article 1129). The
title or mode of acquisition which
just title is intended to transmit
ownership and could have actually
e. The possession must be
transmitted ownership had the
ADVERSE. Thus, mere
transferor or grantor been the true
possession with juridical
owner of the property. This kind of
Page 8 of 165 Notes on Prescription, title, such as by a lessee,
possession arising from a just title
Obligations and Contracts K.P. Dela mortgagee, usufructuary,
can ripen into ownership if the other
Serna trustee, or agent does not
elements of prescription are present.
hold the proper adversely
and in the concept of an
invalidates it (Article 526 in relation WHAT ARE THE owner, unless the
to Article 1128). Good faith consists CHARACTERISTICS OF juridical relationship is
in the reasonable belief that the POSSESSION NEEDED FOR first expressly repudiated
person from whom he received the PRESCRIPTION? and such repudiation has
thing was the owner thereof, and been communicated to
could transmit his ownership (Article the other party.
Page 9 of 165 Notes on Prescription,
1127).
Obligations and Contracts K.P. Dela
Serna
The related Articles which must be f. The acts of possessory character
considered in the determination of must not be executed in
Possession has to be in the concept virtue of LICENSE OR
good faith in prescription of
of an owner, public, peaceful and BY MERE
ownership are the following:
uninterrupted (Article 1118). TOLERANCE of the
owner because the acts
a. Article 526 -- He is deemed a
a. Possession in the CONCEPT OF shall not be available for
possessor in good faith who is not
AN OWNER means the the purposes of
aware that there exists in his title or
possessor is exercising possession (Article 1119).
mode of acquisition any flaw which
the attributes of HOW IS POSSESSION
invalidates it.
ownership over the INTERRUPTED FOR
property. He does not PURPOSES OF
He is deemed a possessor in bad recognize any ownership PRESCRIPTION?
faith who possesses in any case over the property except Possession is interrupted
contrary to the foregoing. his own. for the purposes of
prescription,
Mistake upon a doubtful or difficult
question of law may be the basis of b. Possession of a property is
good faith. considered PUBLIC naturally or civilly (Article 1120).
when the employment
thereof is visible to all, WHEN IS POSSESSION
b. Article 527 -- Good faith is always especially to the very
presumed, and upon him who alleges INTERRUPTED?
person against whom
bad faith on the part of a possessor possession is being
rests the burden of proof. asserted. The possession a. Possession is naturally
must be publicly known interrupted when through
c. Article 528 -- Possession acquired to the community. any cause it should cease
in good faith does not lose this for more than one year
(Article 1121, par. 1). Registration Act, the provisions of good faith (Article 1137).
that special law shall govern (Article WHAT IS THE RULE
1126). WHEN THERE IS
b. Civil interruption is produced by DISCREPANCY IN
judicial summons to the THE AREA
WHAT IS THE PERIOD OF
possessor (Article 1123), POSSESSED AND IN
PRESCRIPTION OF
except: a) If it should be
MOVABLES?
void for lack of legal
solemnities; THE AREA EXPRESSED IN
a. The ownership of movables THE TITLE?
prescribes through
Page 10 of 165 Notes on uninterrupted possession In case the adverse claimant
Prescription, Obligations and for FOUR YEARS IN possesses by mistake an area greater,
Contracts K.P. Dela Serna GOOD FAITH. or less, than that expressed in his
title, prescription shall be based on
. b)  If the plaintiff should desist the possession (Article 1135).
b. The ownership of personal
from the complaint or
property also prescribes
should allow the
through uninterrupted WHAT IS THE EFFECT OF
proceedings to lapse;
possession for EIGHT POSSESSION IN WAR TIME ON
YEARS, WITHOUT PRESCRIPTION?
. c)  If the possessor should be NEED OF ANY OTHER
absolved from the CONDITION.
complaint (Article 1124). Possession in wartime, when the
civil courts are not open, shall not be
counted in favor of the adverse
c. Any express or tacit recognition c. With regard to the right of the
claimant (Article 1136).
which the possessor may make of the owner to recover personal
owner's right also interrupts property lost or of which
he has been illegally WHAT ARE THE RULES IN
possession (Article 1125).
deprived, as well as with THE COMPUTATION OF TIME
respect to movables NECESSARY FOR
WHAT ARE THE acquired in a public sale, PRESCRIPTION?
CONSEQUENCES OF fair, or market, or from a
INTERRUPTION? merchant's store the Article 559. The possession of
provisions of Articles movable property acquired in good
a. The old possession is not revived faith is equivalent to a title.
if a new possession Nevertheless, one who has lost any
should be exercised by Page 11 of 165 Notes on movable or has been unlawfully
the same adverse Prescription, Obligations and deprived thereof, may recover it
claimant (Article 1121, Contracts K.P. Dela Serna from the person in possession of the
par. 2). same. If the possessor of a movable
1 2 lost or which the owner has been
559 and 1505 of this Code shall unlawfully deprived, has acquired it
b. If the natural interruption is for be observed in good faith at a public sale, the
only one year or less, the
owner cannot obtain its return
time elapsed shall be
(Article 1132).d. Movables without reimbursing the price paid
counted in favor of the
possessed through a crime can never therefor.
prescription (Article
be
1122). AGAINST A
TITLE RECORDED IN 2
THE REGISTRY OF acquired through prescription by the
PROPERTY, MAY offender (Article 1133).
ORDINARY
1
WHAT IS THE PRESCRIPTIVE
PERIOD FOR IMMOVABLE?
PRESCRIPTION OF ARTICLE 1505. Subject to the
OWNERSHIP OR REAL provisions of this Title, where goods
RIGHTS TAKE PLACE TO THE a. Ownership and other real rights
are sold by a person who is not the
PREJUDICE OF A THIRD over immovable property
owner thereof, and who does not sell
PERSON? are acquired by ordinary
them under authority or with the
prescription through
consent of the owner, the buyer
possession of TEN
Against a title recorded in the acquires no better title to the goods
YEARS (Article 1134).
Registry of Property, ordinary than the seller had, unless the owner
prescription of ownership or real of the goods is by his conduct
rights shall not take place to the b. Ownership and other real rights precluded from denying the seller's
prejudice of a third person, except in over immovables also authority to sell.Nothing in this Title,
virtue of another title also recorded; prescribe through however, shall affect:(1) The
and the time shall begin to run from uninterrupted adverse provisions of any factors' acts,
the recording of the latter. possession thereof for recording laws, or any other
THIRTY YEARS, provision of law enabling the
As to lands registered under the Land without need of title or of apparent owner of goods to dispose
of them as if he were the true owner virtue of a void and fictitious sale this.
thereof;(2) The validity of any (Ruiz vs. CA, 79 SCRA 525).
contract of sale under statutory CHAPTER 3 PRESCRIPTION
power of sale or under the order of a Tacking is not allowed if the OF ACTIONS
court of competent jurisdiction;(3) predecessor in interest has not
Purchases made in a merchant's satisfied the requirements of
store, or in fairs, or markets, in HOW DO ACTIONS
prescription. Otherwise, there can be PRESCRIBE?
accordance with the Code of no continuity in the nature of the
Commerce and special laws. (n) possession.
casia Actions prescribe by the mere lapse
of time fixed by law (Article 1139).
WHAT IS THE RULE TO
Page 12 of 165 Notes on FOLLOW WHEN THE
Prescription, Obligations and CHARACTER OF THE WHEN DO ACTIONS
Contracts K.P. Dela Serna POSSESSION OF THE PRESCRIBE?
PREDECESSOR IS DIFFERENT
In the computation of time necessary FROM THAT OF THE PRESENT 1. ACTIONS TO RECOVER
for prescription the following rules POSSESSOR? MOVABLES:
shall be observed:
The law does not provide any Actions to recover movables shall
(1) When the possession of the solution to such kind of contingency. prescribe EIGHT YEARS from the
present possessor is just a Thus, sound judgment must be time the possession thereof is lost,
continuation of the possession of the resorted to, thus: unless the possessor has acquired the
predecessor in interest - The present ownership by prescription for a less
possessor may complete the period a. If the predecessor was in good period, according to Articles 1132,
necessary for prescription by tacking faith but the successor is in bad faith, and without prejudice to the
his possession to that of his grantor should there be any tacking of provisions of articles 559, 1505, and
or predecessor in interest; possession? 1133 (Article 1140), thus:

(2) When the character of the Page 13 of 165 Notes on 1. The ownership of movables
possession of the possessor has Prescription, Obligations and prescribes through
changed from good faith to bad faith Contracts K.P. Dela Serna uninterrupted possession
- It is presumed that the present for FOUR YEARS IN
possessor who was also the GOOD FAITH.
possessor at a previous time, has There are different views. Some
continued to be in possession during writers say there must be no tacking.
Others say, the good faith of the 2. The ownership of personal
the intervening time, unless there is property also prescribes
proof to the contrary; predecessor should not be set at
naught. The second is the better through uninterrupted
view. The computation of the periods possession for EIGHT
(3) The first day shall be excluded to be tacked should be proportionate, YEARS, WITHOUT
and the last day included (Article that is, in the proportion of what the NEED OF ANY OTHER
1138). period of possession in good faith CONDITION.
bears to the period of extraordinary
WHAT IS MEANT BY TACKING prescription. So it is in the
OF POSSESSIONS OF TWO OR proportion of 2:1 as regards
MORE POSSESSORS? movables and 3:1 for immovables.
Page 14 of 165 Notes on
Tacking of possession is the linking b. If the possession of the Prescription, Obligations and
of the possession of the present predecessor was in bad faith and the Contracts K.P. Dela Serna
possessor to the possession of the possession of the successor is in
immediate past possessor of an good faith, should there be tacking of 3. With regard to the right of the
identical property for the purpose of possession?Possession of the owner to recover personal
completing the period needed for the predecessor in bad faith cannot be property lost or of which
prescription. counted he has been illegally
deprived, as well as with
The condition for the tacking of and added to that of the present respect to movables
possession is that privity must exist possessor. Here, the possession of acquired in a public sale,
between the present possessor and the predecessor cannot be considered fair, or market, or from a
the predecessor in interest. In brief, ordinary prescription because such merchant's store the
the present possessor got his requires good faith all throughout the provisions of Articles 559
possession from the predecessor in period fixed by law. and 1505 of this Code
interest. Consequently, a mere shall be observed (Article
usurper cannot invoke the possession However, for purposes of 1132).
of the previous possessor. extraordinary prescription, the
possession in bad faith of the 4. Movables possessed through a
There is no privity of interest where predecessor can be tacked to the crime can never be
the present possessor came into possession in bad faith of the acquired through
possession of the disputed land by successor. There is no prohibition to prescription by the
offender (Article 1133). (Article 1148). of a natural child (Article 296 Civil
Code);
2. REAL ACTIONS OVER The phrase “without prejudice”
IMMOVABLES: means that, in proper cases, the b. Action to impugn the legitimation
prescriptive period in this chapter of a child (Article 275, Civil Code);
may be availed of notwithstanding
Real actions over immovables
other special provisions in other c. Action to reduce inofficious
prescribe after THIRTY YEARS.
parts of the Civil Code, in the Code donations (to be counted from the
This provision is without prejudice
of Commerce and in special laws. death of the donor) (Vide Article
to what is established for the
Thus, even though the claim falls 772, Civil Code).
acquisition of ownership and other
under the prescriptive period
real rights by prescription (Article
provided for in the Labor Code
1141). Page 16 of 165 Notes on
because of illegal and unlawful
dismissal, the case may still fall Prescription, Obligations and
3. MORTGAGE ACTION:A within the ambit of “injury to the Contracts K.P. Dela Serna
mortgage action prescribes after rights of the plaintiff (Virgilio
TEN YEARS (Article 1142). Callanta vs. Carnation Phi., Inc., FROM WHAT TIME SHALL
G.R. No. L-70615, October 28, THE PERIOD OF
4. ACTIONS UPON A WRITTEN 1986, 145 SCRA 286). PRESCRIPTION BE COUNTED?
CONTRACT; UPON AN
OBLIGATION CREATED BY WHAT RIGHTS ARE NOT a.
LAW; UPON A JUDGMENT: EXTINGUISHED BY
PRESCRIPTION? b.
They must be brought within TEN
YEARS from the time the right of The following rights, among others c.
action accrues (Article 1144). specified elsewhere in this Code, are
not extinguished by prescription:
d.
5. ACTIONS UPON AN ORAL
CONTRACT; ACTIONS UPON A . (1)  To demand a right of way,
QUASI-CONTRACT :They must be e.
regulated in Article 649;
commenced within SIX YEARS
(Article 1145). f.
. (2)  To bring an action to abate a
public or private nuisance
6. ACTIONS UPON AN INJURY (Article The time for prescription for all
TO THE RIGHTS OF THE kinds of actions, when there is no
PLAINTIFF; ACTIONS UPON A special provision which ordains
1143).
QUASI- DELICT: otherwise, shall be counted from the
day they may be brought (Article
OTHERS: 1150).
They must be instituted within
FOUR YEARS.
(1)An action to declare a contract The time for the prescription of
null and void;(2)An action to quite actions which have for their object
However, when the action arises
title initiated by the person having the enforcement of obligations to pay
from or out of any act, activity, or
possession principal with interest or annuity
conduct of any public officer
involving the exercise of powers or runs from the last payment of the
authority arising from Martial Law of the property;(3)An action to annuity or of the interest (Article
including the arrest, detention and/or partition a property among co-heirs; 1151).
trial of the plaintiff, the same must (4)When the trust is merely an
be brought within ONE (1) YEAR. implied one, unless expressly The period for prescription of actions
(Article 1146 as amended by PD No. to demand the fulfillment of
1755, Dec. 24, 1980.) repudiated by the trustee. obligation declared by a judgment
commences from the time the
7. FORCIBLE ENTRY AND WHAT IS THE PRESCRIPTIVE judgment became final (Article
DETAINER; FOR DEFAMATION: PERIOD FOR FILING ACTIONS 1152).
They must be filed within ONE WHOSE PERIODS ARE NOT
YEAR (Article 1147). FIXED BY THE CIVIL CODE The period for prescription of actions
AND OTHER LAWS? to demand accounting runs from the
Page 15 of 165 Notes on day the persons who should render
Prescription, Obligations and All other actions whose periods are the same cease in their functions
Contracts K.P. Dela Serna not fixed in this Code or in other (Article 1153).
laws must be brought within five
NOTE: The limitations of action years from the time the right of The period for the action arising
mentioned in Articles 1140 to 1142, action accrues (Article1149). from the result of the accounting
and 1144 to 1147 are without runs from the date when said result
prejudice to those specified in other EXAMPLES: was recognized by agreement of the
parts of this Code, in the Code of nd
Commerce, and in special laws interested parties (Article 1153, 2
a. Action to impugn the recognition 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).

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