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; (3) lack of knowledge or
notice on the part of the defendant that the complainant would assert the right on which he bases his suit;
(4) injury or prejudice 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, 1992
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
Extraordinary prescription

: 10 years
: 30 years

Movables / Personal Properties

Ordinary prescription
: 8 years
Extraordinary prescription
: 4 years

Ordinary Prescription Requirements:

- Possession of property
(1) in good faith
(2) just title
Extraordinary Prescription Requirements:
- uninterrupted, continuous adverse possession of properties.

PRESCRIPTION PERIOD
Cause of Action
Nullity of marriage
Reconveyance
- if resulting from fraud
- Torrens title obtained in:
- bad faith
- passed to innocent
buyer

Prescription
imprescriptible
10 years
4 years
Imprescriptible
Imprescriptible

Nullity of a void judgment

imprescriptible
Ordinary
Acquisitive
Prescription:
- immovables
10 years
- movables
4 years
Extraordinary Prescription
immovables
30
movables
8 years
Nullity of Falsified Deed imprescriptible
of Sale
Torrens Titles
Imprescriptible but may
ownership thru latches
Right to seek partition of land Imprescriptible

Reckoning
From the issuance of title.
From discovery of fraud
-

loseLATCHES unreasonable delay

to bring cause of action.
Not barred by latches

when
co-ownership
recognized
Ejectment
Against
offenses
Probate of will

is Exception: when co-owner

repudiates the ownership,
action prescribes in ______.

1 year
Administrative imprescriptible

imprescriptible

Deportation of alien

5 years

Recovery of purchase price

Refund of tax
Claim for payment

2 yrs
2 yrs
10 yrs

From date the cause of

deportation arose
From the date of sale
From the date of tax assessment

Revocation of donation for 4 years

non-compliance of conditions
stipulated;
Reduction of donation based 4 years
on
birth,
appearance,
or adoption of a child
Revocation of donation based 1 year
on ingratitude
Mortgage Action

Demand for right of way

From time the donor has

knowledge of the fact.
10 years
The moment surety company
(properties with Torrens title maypays the bond
be foreclosed since right to
mortgage can prescribe, for what
does not prescribe is the
ownership of the land)
imprescriptible

Bring action to abate a public imprescriptible

or private nuisance
Quiet a Title (as long as the imprescriptible
plaintiff is in possession of the
property)
Right to demand support
Imprescriptible
(installments on support
arrears may prescribe)
Action to recover property in Imprescriptible
express trust (based on
confidence & trust)
UNLESS: In view of lack of
confidence
- may prescribe with latches
or fiduciary relations
Recovery of registered owner imprescriptible
of land with Torrens Title
Upon written contract
10 years
Rescission of contract

4 years

Annulment for contract

4 years

in

Upon obligation created by law 10 years

Upon a judgment

Compensation from employer

10 years
(enforcement by writ of execution
5 years)
10 years

Oral contract

6 years

In case of fraud upon discovery

thereof; in case of contracts
entered by minors/incapacitated
from
the
time guardianshipceases.

Quasi-contract

6 years

Upon injury to right of plaintiff

4 years

Quasi-delict / tort
4 years
Annulment of marriage based 4 years
on fraud, non-age, force, (Family Code: 5 yrs)
intimidation

From time such is committed

From time fraud, force, etc.
cease

Annulment of marriage due to 8 years

impotency

From the time of celebration of

the marriage
Date of unlawful deprivation
(forcible entry)

Forcible entry and detainer

1 year

Date of
detainer)
Defamation

1 year

Legal separation
Impugn Legitimacy 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

5 years
(Family Code)
1 year

of

demand

(for

Knowledge of cause
From recording of birth to the
local civil registry

2 years

3 years
Other actions not fixed by Law 5 years
Claim for legitimacy
legitimate child

last

a imprescriptible

From the time the right of action

accrues.
May bring action as long as the
person lives

Establishment of illegitimate imprescriptible

filiation of illegitimate child

May bring the action in his

lifetime

Recovery of the purchase

price
Action of buyer of land to
compel seller to execute deed
of conveyance
Annulment of contract entered
by minors or incapacitated
persons
Forcible entry

2 years

From the date of sale

imprescriptible

As long as the buyer still in

possession of the property

4 years

From
time guardianshipceases

1 year

Forcible detainer

1 year

From time of unlawful deprivation

and discovery
From the date of last demand

the