Professional Documents
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Effect of failure to plead prescription: Failure to 3. It must be made by the owner of the right
plead constitutes waiver of the defense and cannot (hence administrator, executor, agent, etc.
be raised for the first time at the trial or on appeal cannot renounce unless given SPA)
General Rule: The issue of prescription is one 4. It must not prejudice the rights of creditors
involving evidentiary matters requiring a full-blown (while rights may be waived, it must not be
trial on the merits and cannot be determined in a prejudicial to the rights of a third person
mere motion to dismiss. with a right recognized by law Art. 6,
Exceptions: NCC)
1. When the plaintiffs complaint on its face or the 5. The person renouncing must have
evidence he presented shows clearly that knowledge of the existence of the right
indeed the action has prescribed at the time it
was filed. Kinds:
2. If, before trial, a party has no means of knowing 1. Express
that opponents claim has already lapsed, 2. Implied/Tacit when renunciation results
prescription as a defense may be pleaded later from acts which imply the abandonment of
as soon as the true nature of the claim is the right acquired.
discovered. Where the party acknowledges the
correctness of the debt and promises to pay it
after the same has prescribed and with full
Art. 1111. Prescription obtained by a co- knowledge of the prescription, he thereby
proprietor or a co-owner shall benefit the waives the benefit of prescription.
others. (1933)
Note: But simple promise which contains new
A co-owners possession which is the basis of and positive promise to pay the debt which has
prescription should benefit not only himself but prescribed, such as a promise to pay only one-
also the other co-owners since in co-ownership, half or even a part payment, does not amount
the possession of one is deemed the to a renunciation of prescription.
possession of other co-owners (Art. 1111)
Under Art. 1111, it is essential that the Renunciation Void
possession of the co-owner involves the A renunciation of prescription in advance is
community property. void.
An agreement that the obligation arising
Art. 1112. Persons with capacity to alienate from the contract shall not be subject to
property may renounce prescription already prescription is not binding.
obtained, but not the right to prescribe in the
future. Renunciations by Representatives
Prescription is deemed to have been tacitly Only persons with capacity to alienate
renounced when the renunciation results from property can renounce prescription already
acts which imply the abandonment of the right obtained.
acquired. (1935) o Not guardians, executors, administrators
Object of Prescription
General Rule: All things within the commerce of
men may be acquired by prescription (Art. 1113) Art. 1117. Acquisitive prescription of dominion
Things which are not susceptible of being and other real rights may be ordinary or
appropriated cannot be acquired by extraordinary.
prescription3. (since possession is required in Ordinary acquisitive prescription requires
prescription) possession of things in good faith and with
property of public dominion and common just title for the time fixed by law. (1940a)
things cannot be acquired by prescription
Res nullius (property without an owner) is Requisites of Acquisitive Prescription
acquired by occupation and not by prescription Capacity to acquire by prescription
because prescription presupposes a previous A thing capable by prescription
owner. Possession of the thing under certain conditions
Lapse of time provided by law.
Exceptions:
1. Lands registered under the Torrens system Kinds of Acquisitive Prescription:
(Sec.47, PD 1529) 1. Ordinary Acquisitive requires
2. Properties of spouses, parents and children possession of things in good faith and with
and guardians and wards under certain just title for the time fixed by law.
conditions as between themselves 2. Extraordinary Acquisitive does not require
(Art.1109) good faith and just time but is fixed for a
3. Movables possessed through a crime longer period
(Art.1133)
Requisites:
3
Art. 530: Only things and rights which are susceptible of being
appropriated may be the object of possession.
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Art. 1118. Possession has to be in the concept Continuity is not understood in an absolute
of an owner, public, peaceful and sense.
uninterrupted. (1941) Possession is uninterrupted is there has been
no acts of deprivation of enjoyment of the
Art. 1119. Acts of possessory character things by a third person, or any other act which
executed in virtue of license or by mere interrupts prescription.
tolerance of the owner shall not be available Interruption is distinct from discontinuity; the
for the purposes of possession. (1942) former is a positive act of third person, while
the latter is a negative act or abstention on the
part of the possessor himself.
Possession fundamental basis of prescription
Characteristics: Art. 1120. Possession is interrupted for the
1. Concept of Owner purposes of prescription, naturally or civilly.
Where the property was in the adverse, (1943)
continuous and notorious possession of a
buyer in the concept of owner for more than Kinds of Interruption of Possession:
half a century, the claim over such property has 1. Natural when through any cause prescription
already prescribed. should cease for more than one year
2. Civil produced by judicial summons to the
Acts of a possessory character which are possessor
merely tolerated by the possessor or which are
due to his license, do not constitute Effect of Interruption
possession. All the benefits acquired so far from the
o License- positive act of the owner in favor of possession cease; when the prescription runs
the holder of the thing. again, it will be an entirely new one.
o Tolerance- passive acquiescence of the Distinguishes prescription from suspension of
owner to acts being performed by another suspension,
which appear to be contrary to the rights of o Suspension- past period is included in
the former. computation; old possession is tacked to the
Tenants cannot acquire tenanted lands by new (example: possession in wartime)
prescription, nor can an antichretic creditor the
land of his debtor. Possession de facto lost if new
possession of another has lasted longer
2. Public than 1 year
o when the acts of enjoyment are executed in Real right of possession not lost until
such a manner as to be manifest or visible to after the lapse of 10 years.
all, especially to the person against whom the
possession is being adversely asserted. Art. 1121. Possession is naturally interrupted
o In order for possession to be public, it must when through any cause it should cease for
be known to the owner of the thing. more than one year.
The old possession is not revived if a new
3. Peaceful possession should be exercised by the same
It is acquired and maintained without any adverse claimant. (1944a)
violence, physical or moral.
The possession continues to be peaceful even Art. 1122. If the natural interruption is for only
if the possessor should use such force as is one year or less, the time elapsed shall be
reasonably necessary to repel or prevent an counted in favor of the prescription. (n)
actual or physical invasion of the property.
Art. 1123. Civil interruption is produced by
4. Uninterrupted judicial summons to the possessor. (1945a)
When the possessor has never ceased to
manifest with external acts his intention to Art. 1124. Judicial summons shall be deemed
exercise a right over the thing, which not to have been issued and shall not give rise
presupposes that he has never in fact ceased to interruption:
to exercise the right.
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thereof, and could transmit his ownership. Art. 1131. For the purposes of prescription, just
(1950a) title must be proved; it is never presumed.
(1954a)
Art. 1128. The conditions of good faith required
for possession in Articles 526, 527, 528, and 529
of this Code are likewise necessary for the
determination of good faith in the prescription
of ownership and other real rights. (1951)
Tacking of Possession
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Art. 1139. Actions prescribe by the mere Art. 1141. Real actions over immovables
lapse of time fixed by law. (1961) prescribe after thirty years.
While an action for reformation of instrument, Art. 1144. The following actions must be
such as contract of sale with pacto de retro brought within ten years from the time the right
alleged to be merely an equitable mortgage, is of action accrues:
an action based upon a written contract which (1) Upon a written contract;
must be brought within 10 years from the time (2) Upon an obligation created by law;
the right accrues, where, however, the accrual (3) Upon a judgment. (n)
of such right could not be established it is more
logical to apply Article 1141 because in reality Implied Trust
the action seeks to reassert ones title of When the property is registered in anothers
ownership over the real property, not to recover name, an implied or constructive trust is
the same. created by the law in favour of the true owner.
The action for reconveyance of the title to the
Art. 1142. A mortgage action prescribes after rightful owner prescribes in ten years from the
ten years. (1964a) issuance of the title.
But if fraud has been committed and is the
Not imprescriptible basis for action, not implied trust, the action will
The fact that a mortgage is registered does not be barred after four years.
make the action to foreclose it imprescriptible.
Art. 1145. The following actions must be
Effect of Interest commenced within six years:
If the action to recover the mortgage debt itself (1) Upon an oral contract;
has prescribed, the action to recover the (2) Upon a quasi-contract. (n)
interest must also be prescribed.
Art. 1146. The following actions must be
Art. 1143. The following rights, among others instituted within four years:
specified elsewhere in this Code, are not (1) Upon an injury to the rights of the
extinguished by prescription: plaintiff;
(1) To demand a right of way, regulated (2) Upon a quasi-delict;
in Article 649;
(2) To bring an action to abate a public However, when the action arises from or out of
or private nuisance. (n) any act, activity, or conduct of any public officer
involving the exercise of powers or authority
arising from Martial Law including the arrest,
Imprescriptible between Heirs and Co-Heirs
detention and/or trial of the plaintiff, the same
Article 494- no prescription shall run in favor of
must be brought within one (1) year. (As
a co-owner or co-heir so long as he expressly
amended by PD No. 1755, Dec. 24, 1980.)
or impliedly recognize the ownership.
Applies only so long as it is admitted and
presumed that the co-ownership exists. Injury to Rights
Cannot be invokes when one of the co-owners One year period for petition for quo warranto-
or co-heirs has possessed the property as does not apply where the plaintiff is separated
exclusive owner for a period sufficient to from his employment for unjustifiable causes.
acquire the property by prescription. Such unjustified separation from employment is
an injury to the rights of the plaintiff and the
Other Imprescriptible Action action may be brought within four years under
Action by the government or government entity this Article.
An action for mandamus
An action to enforce an express trust Action to Fraud
An action to quiet the title to property in ones Prescribes in four years from the discovery of
possession the fraud
An action or defense to declare a contract or
judgment void ab initio Quasi-delict
Action of the registered owner to recover his Four years
land
Art. 1147. The following actions must be filed
within one year:
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(1) For forcible entry and detainer; creditor, a delay by the debtor, or the failure of
(2) For defamation. (n) the creditor to insist upon payment, does not
Art. 1148. The limitations of action mentioned in import a tacit renewal, and prescription will run
Articles 1140 to 1142, and 1144 to 1147 are from the end of the first year.
without prejudice to those specified in other When action is based on fraud or deceit, the
parts of this Code, in the Code of Commerce, period of prescription will begin to run on the
and in special laws. (n) date of the discovery of the fraud or deceit.
Art. 1149. All other actions whose periods are Quasi-delict- the prescriptive period starts from
not fixed in this Code or in other laws must be the day the quasi delict occurred or was
brought within five years from the time the right committed.
of action accrues. (n) Action is for partition and reconveyance based
on implied or constructive trust- time begins
Right to Collect taxes from the date of the issuance of the original
Not presumed in the absence of clear certificate of title.
legislation to the contrary, and where the Right of the nearest relative to question the
government has not by express statutory validity of a purported will or donation mortis
provision provided a limitation upon its right to causa does not commence until a third person
assess unpaid taxes, such right is claims a right under such instrument where in
imprescriptible. the meantime the intestate heir has been in
possession of the properties and there was no
Art. 1150. The time for prescription for all kinds occasion to seek judicial annulment of the
of actions, when there is no special provision instrument.
which ordains otherwise, shall be counted from Action to set aside a simulated written deed or
the day they may be brought. (1969) pacto de retro sale- starts only when the
alleged vendeed made known their intention by
Time From Which Period is Computed overt acts not to abide by the true agreement,
In case where there is no special provision for and not from the date of the execution of the
such a computation, recourse must be had to contract.
the rule that the period must be counted from
the day on which the corresponding action Art. 1151. The time for the prescription of
could have been instituted. It is the legal actions which have for their object the
possibility of bringing the action which enforcement of obligations to pay principal with
determined the starting point for the interest or annuity runs from the last payment
computation of the period. The period should of the annuity or of the interest. (1970a)
not be made to retroact the date of the
execution of the contract. Obligations With Interest
Applicable only to cases where the principal
Accrual of Cause of Action debt is already due.
Cause of action- arises when that which should If payment is not yet due, prescription will
have been done is not done or that which commence only after the maturity of debt.
should not have been done is done. Existence of a past debt due mortgage was
Essential elements of a good cause- recognized by payments of interest,
o Existence of legal right in a plaintiff prescription ran only from the past payment of
o With a corresponding legal duty in the interest.
defendant
o Violation or breach of that right or duty with Art. 1152. The period for prescription of
consequential injury or damage to the plaintiff, actions to demand the fulfillment of
for which he may maintain an action for obligation declared by a judgment
appropriate relief. commences from the time the judgment
The moment the breach of right or duty occurs, became final. (1971)
then the right of action accrues, therefore
period of prescription begins to run. When Judgment becomes Final
When a contract provides for the payment of Trial court- upon expiration for period to appeal
money within a year, with the privilege of SC, CA- the true judgment is that entered by
extension for another year at the option of the the clerk of court pursuant to the dispositive
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part of its decision, and the period of acknowledgment of the debt by the debtor.
prescription is, therefore, computed from the (1973a)
date such judgment is entered. The period is
ten years Filing Action in Court
Interrupts extinctive prescription as to the
Art. 1153. The period for prescription of actions parties defendants therein,.
to demand accounting runs from the day the Filing motion for reconsideration- continues the
persons who should render the same cease in suspension of the running of prescription
their functions. period, which runs again after the court
The period for the action arising from the result proceedings have finally been terminated.
of the accounting runs from the date when said When the prescription is interrupted by a
result was recognized by agreement of the judicial demand, the full period for the
interested parties. (1972) prescription must be reckoned from the
cessation of the interruption.
Action to Compel Accounting (joint account)
Begins to run from the date of the retirement of No Suspension
the members from whom accounting is Although an action is started within a
demanded. It begins to run from the dissolution prescriptive period, if the plaintiff desists in the
of a partnership when the final accounting is prosecution or judgment is unconditionally
done. stayed for one reason or another, the running of
the period of limitations is not suspended, The
Current Accounts parties are left in exactly the same position as if
Begins to run from the date of each particular no action had been commenced at all.
term Amendment to the complaint- equivalent to a
Prescriptive period- 10 years fresh suit upon a new cause of action and the
Accounting has been made between the parties statute of limitation continues to run until the
in their current account dealings- right of action amendment is filed.
accrues and the period of prescription begins to
run, on the date when the last balance was Written Extra-Judicial Demand
struck, and not when the business relations Running of prescription period should be
terminated. interrupted when a demand is made by the
creditor upon the debtor before the lapse of the
Art. 1154. The period during which the obligee period fixed by law.
was prevented by a fortuitous event from o Burden of proof is on the creditor.
enforcing his right is not reckoned against him.
(n) Written Acknowledgment of Debt
In extinctive prescription, the interruption
Suspension During War through the acknowledgment of debt of the
Suspended by war or insurrection only when creditors right can only take place when such
the regular course of justice is interrupted to acknowledgment is in writing.
such extent that courts cannot be kept open It can be implied therefrom, but it must be in
and are not within the reach of the people. writing
Courts are functioning- prescription is not The acknowledgment must be such as to apply
suspended to a particular and specific debt to interrupt
prescription.
Effect of the Destruction of Judicial records Acknowledgment can be made by a legal
Cease to run, only begin to run again on the representative.
date when the parties or counsel shall have The acknowledgment of debt before period of
received notice to the effect that the records
prescription will interrupt the expiration of the
have been reconstituted.
period of prescription, but a mere
acknowledgment of the obligation after it has
Art. 1155. The prescription of actions is
already prescribed is not sufficient to renew the
interrupted when they are filed before the court,
period of prescription.
when there is a written extrajudicial demand by
the creditors, and when there is any written
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