PRESCRIPTION OF ACTIONS

Prescription of Actions
Limitation of actions
Refers to the time within which an action may be
brought, or some act done, to preserve the right.
Statute of Limitation
Acts limiting the time within which actions shall
be brought.
It does not confer any right of action, but are
enacted to restrict the period within which the
right are might be asserted.
Not matters of substantive right but are
available only as defenses
Article 1139
Actions prescribe by the mere lapse of time fixed by law.
Effect: Extinguishment of the action
o There is no extinctive prescription unless the
period provided by law expires
Prescription cannot be asserted as a defense
unless it is pleaded and proved before or during
the case.
Article 1140
Actions to recover movables
Prescribe 8 years
o From the time of the possession thereof is
lost
Except: The possessor has acquired the
ownership by prescription for a less
period according to Article 1132 and
without prejudice to the provisions of
Articles 559, 1505 and 1133.
Article 1141
Real actions over immovable prescribe after 30 years.
Without prejudice to what is established for the
acquisition of ownership and other real rights by
prescription.

Article 1142
A mortgage action prescribes after 10 years.
If the action to recover the mortgage debt itself
has prescribed, the action to recover the interest
also prescribed.
Article 1143
Rights 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
Other imprescriptible actions:

Between co-owner or co-heirs

An action by the government or its entity
An action for mandamus
An action to enforce an express trust
An action to quiet title to property in ones
possession
An action or defense to declare a contract or
judgment void ab initio
An action of the registered owner to recover his
land
Article 1144
Actions that must be brought within 10 years from the
time the right of action accrues:
(1) Upon a written contract
(2) Upon an obligation created by law
(3) Upon a judgment
Implied trust
Created by law in favor of the true owner when
the property is registered in anothers name
If fraud was committed and basis of the action: 4 years
Article 1145
Actions that must be commenced within 6 years:
(1) Upon an oral contract
(2) Upon a quasi-contract
Article 1146
Actions that must be instituted within 4 years:

(1) Upon an injury to the rights of the plaintiff

o When the plaintiff is separated from his
employment for unjustifiable causes
(2) Upon quasi-delict
Fraud: 4 years from the discovery of fraud
Article 1147
Actions that must be filed within 1 year:
(1) For forcible entry and detainer
(2) For defamation
Article 1149
All other actions not fixed by law: 5 years from the time
the right of action accrues.
Right to collect taxes: imprescriptible

Article 1153
Period for prescription of actions to demand accounting
Runs from the day the persons who should
render the same cease in their functions
o Retirement of the members from whom
accounting is demanded
Arising from the result of the accounting
Runs from the date when said result was
recognized by agreement of the interested
parties.
Article 1154
The period during which the obligee prevented by a
fortuitous event from enforcing his right is not reckoned
against him.

Article 1150

Article 1155

The time for prescription for all kinds of actions when

there is no special provision which ordains otherwise

Interruption of prescription of actions

Shall be counted from the day they may be

brought.
It is the legal possibility of bringing the action
which determines the starting point for the
computation of the period.
o The period should not be made to retroact to
the date if execution of the contract.
Article 1151
Enforcement of obligations to pay principal with
interest or annuity
Time for the prescription of actions runs from
the last payment of annuity or of the interest.
o Applicable only to cases where the principal
debt is already due
Principal obligation not yet due
o Payment of interest at stipulated intervals
does not cause the running of the period of
prescription
o Commence only after the maturity of debt
Article 1152
To demand fulfillment of obligations declared by a
judgment
Period for prescription of actions commences
from the time the judgment become final.

(1) When they are filed before the court

o Interruption lasts during the pendency of
the action
o Runs anew: after the dismissal of the first
action to revive judgment
o Filing a motion for reconsideration:
continues interruption
Runs again after the court proceedings
have been finally terminated
o If desisted: No suspension, as if there was
no interruption
o New or different cause of action
Equivalent to fresh suit; prescription
continues to run until the amendment
is filed
(2) When there is a written extrajudicial demand
by the creditors
o Burden of proof to show demand upon the
creditor
o Verbal demand is insufficient: it must be in
WRITING
(3) When there is any written acknowledgment of
the debt by the debtor
o Mere offer to compromise a suit upon a
supposed debt: cannot be considered as an
acknowledgment that would interrupt the
running of the period of prescription