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OBLIGATION AND CONTRACTS Essential elements in the principle of latches: (1) conduct on the part of the defendant, or one

under whom he claims, giving rise to the situation that led to the complaint for which the complaint seeks a remedy: (2) 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; ( ) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; (!) in"ury or pre"udice to the defendant in the event relief is accorded to the complainant or the suit is not held barred# Source: Narciso & Maria Buenaventura v CA GR 50837 December 28 !""2 Prescription A method of acquiring a non-possessory interest in land through the long, continuous use of the land. the method of acquiring an easement upon another's real property by continued and regular use without permission of the property owner for a period of years required by the law of the state

Real Property: Ordinary prescription "#traordinary prescription

: ! years : $! years

%o&ables ' Personal Properties Ordinary prescription : ( years "#traordinary prescription : ) years

Ordinary Prescription Requirements: - Possession of property * + in good faith *,+ -ust title Extraordinary Prescription Requirements: - uninterrupted, continuous ad&erse possession of properties.

PRESCRIPTION PERIOD Cause of Action .ullity of marriage Recon&eyance Prescription imprescriptible ! years Reckonin /rom the issuance of title.

- if resulting from fraud - 0orrens title obtained in: - bad faith - passed to innocent buyer .ullity of a &oid -udgment Ordinary Acquisiti&e Prescription: - immo&ables - mo&ables "#traordinary Prescription - immo&ables - mo&ables .ullity of /alsified 2eed of 3ale 0orrens 0itles Right to see8 partition of land when co-ownership is recogni9ed "-ectment Against Administrati&e offenses Probate of will 2eportation of alien Reco&ery of purchase price Refund of ta# 5laim for payment Re&ocation of donation for non-compliance of conditions stipulated; Reduction of donation based on birth, appearance, or adoption of a child Re&ocation of donation based on ingratitude %ortgage Action

) years 1mprescriptible 1mprescriptible imprescriptible

/rom disco&ery of fraud -

! years ) years $! ( years imprescriptible 1mprescriptible but may lose ownership thru latches 1mprescriptible Exception: !"en co#o!ner repudiates t"e o!ners"ip$ action prescri%es in &&&&&&' year imprescriptible imprescriptible : years , yrs , yrs ! yrs ) years

4A056"3 7 unreasonable delay to bring cause of action. .ot barred by latches

/rom date the cause of deportation arose /rom the date of sale /rom the date of ta# assessment

) years

year ! years *properties with 0orrens title may be foreclosed since right to mortgage can prescribe, for what does not prescribe is the ownership of the land+ imprescriptible imprescriptible imprescriptible

/rom time the donor has 8nowledge of the fact. 0he moment surety company pays the bond

2emand for right of way <ring action to abate a public or pri&ate nuisance =uiet a 0itle *as long as the plaintiff is in possession of the

property+ Right to demand support Action to reco&er property in e#press trust *based on confidence > trust+ ?.4"33: 1n &iew of lac8 of confidence or fiduciary relations Reco&ery of registered owner of land with 0orrens 0itle ?pon written contract Rescission of contract Annulment for contract

1mprescriptible *installments on support in arrears may prescribe+ 1mprescriptible

- may prescribe with latches imprescriptible ! years ) years ) years 1n case of fraud upon disco&ery thereof; in case of contracts entered by minors'incapacitated from the time guardianship ceases.

?pon obligation created by law ?pon a -udgment 5ompensation from employer Oral contract =uasi-contract ?pon in-ury to right of plaintiff =uasi-delict ' tort Annulment of marriage based on fraud, non-age, force, intimidation Annulment of marriage due to impotency /orcible entry and detainer

! years ! years *enforcement by writ of e#ecution 7 : years+ ! years @ years @ years ) years ) years ) years */amily 5ode: : yrs+ ( years year

/rom time such is committed /rom time fraud, force, etcA. cease

/rom the time of celebration of the marriage 2ate of unlawful depri&ation *forcible entry+ 2ate of last demand *for detainer+

2efamation 4egal separation 1mpugn 4egitimacy of child - if father'heirs reside in the same place of birth of child - if residing in other place within the Phils. - if residing abroad Other actions not fi#ed by 4aw

year : years */amily 5ode+ year

Bnowledge of cause /rom recording of birth to the local ci&il registry

, years $ years : years

/rom the time the right of action accrues.

5laim for legitimacy of a legitimate child "stablishment of illegitimate filiation of illegitimate child Reco&ery of the purchase price Action of buyer of land to compel seller to e#ecute deed of con&eyance Annulment of contract entered by minors or incapacitated persons /orcible entry /orcible detainer

imprescriptible

%ay bring action as long as the person li&es %ay bring the action in his lifetime /rom the date of sale As long as the buyer still in possession of the property /rom the time guardianship ceases /rom time of unlawful depri&ation and disco&ery /rom the date of last demand

imprescriptible , years imprescriptible ) years year year

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