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By By Atty. Romulo P. Atencia
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Statute of limitations
posted 24-Sep-2011 · 6,816 views · 0 comments · like
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A statute of limitations is an enactment that sets the maximumtime after an event that legal proceedings based
on that event may beinitiated. It is a defense that is ordinarily asserted by the defendant todefeat an action
brought against him after the appropriate time has elapsed.

*****

The essence of the statute of limitations has been explained bythe Supreme Court in the case of Conspecto vs.
Fruto, 31 Phil. 144, 151,as follows: "It is the essence of the statute of limitations that, whetherthe party had a
right to the possession or not, if he entered under the claimof such right and remained in possession for the
period (ten years) named inthe statute of limitations, the right of action of the plaintiff who had thebetter title is
barred by that adverse possession. The right given by thestatute of limitations does not depend upon, and has
no necessary connectionwith, the validity of the claim under which the possession is held. Otherwisethere could
be no use for the statute of limitations or adverse possession as adefense to an action, for if the decision is
made to depend upon the validityof the respective titles set up by the plaintiff and the defendant, there canbe
no place for the consideration of the question of adverse possession. It isbecause the plaintiff has a better title
that the defendant is permitted torely upon such uninterrupted possession, adverse to the plaintiff's title, asthe
statute prescribes, it being well understood and an element in such cases,that the plaintiff does have the better
title, but that he has lost it by delayin asserting it. (Probst vs. Presbyterian Church, 129 U.S., 182)”.

*****

One reason for statutes of limitation is that, over time, evidencecan be corrupted or disappear, memories fade,
crime scenes are changed, andcompanies dispose of records. The best time to bring a lawsuit is while
theevidence is not lost and as close as possible to the alleged illegal behavior.Another reason is that people
want to get on with their lives and not havelegal battles from their past come up unexpectedly. The injured party
has aresponsibility to quickly bring about charges so that the process can begin.The purpose of the law on
prescription and the statute of limitations is toprotect the person who is diligent and vigilant in asserting his
right, andconversely to punish the person who sleeps on his right. The statute oflimitations applies both in civil
and in criminal cases. They are also known asperiods of prescription.

*****

For civil cases, the defendant must plead the defense before thecourt upon answering the plaintiff's complaint.
If the defendant does not doso, he is regarded as having waived the defense and will not be permitted touse it in
any subsequent proceedings. Article 1139 of the Civil Code providesthat an action prescribes by the mere lapse
of time fixed by law. Here areexamples of prescriptive periods: (a) real action over immovables: 30 years;(b) an
action upon a written contract, or upon an obligation created by law, orupon a judgment: 10 years; (c)
actionsfor the recovery of movables: 8 years; (d) actions upon an oral contract, orupon a quasi contract: 6 years;
(e) actions for the rescission or annulment ofcontracts: 4 years; (f) forcible entry and unlawful detainer: 1 year.

*****

For criminal cases, this means that the public prosecutor mustprosecute within some time limit. Article 90 of the
Revised Penal Code (ourlaws on crimes) provides that crimes punishable by death, reclusion perpetua(life
imprisonment) or reclusion temporal (12 years and 1 day to 20 years)shall prescribe in 20 years; crimes
punishable by other afflictive penalties(such as perpetual disqualification and prision mayor – imprisonment
from 6 years and 1 day to 12 years) shall prescribe in 15 years; thosepunishable by a correctional penalty
(6months and 1 day to 6 years) shall prescribe in 10 years; with theexception of those punishable by arresto
mayor (1 month and 1 day to 6 months),which shall prescribe in 5 years. The crime of libel or other similar
offensesshall prescribe in one year. The crime of oral defamation and slander by deedshall prescribe in six
months. Light offenses prescribe in two months.

*****

Penalties also prescribe. Article 92 of the Revised Penal Codeprovides the following prescriptive periods for
penalties: (a) Death andreclusion perpetua, 20 years; (b) other afflictive penalties, 15 years; (c)correctional
penalties, 10 years; with the exception of the penalty of arrestomayor, which prescribes in 5 years; (d) light
penalties, 1 year. The period ofprescription of penalties shall commence to run from the date when the
culpritshould evade the service of his sentence.

*****

It must be noted, however, that there are two kinds ofprescription provided in the Civil Code. One is acquisitive,
i.e. theacquisition of a right by the lapse of time. (Art. 1106, par. 1). The otherkind is extinctive prescription
whereby rights and actions are lost by thelapse of time. (Arts. 1106, par. 2 and 1139.) This latter kind is what is
knownas statute of limitations which we are talking about here.

*****

The differences between acquisitive and extinctive prescriptionsare well-stated as follows: "Prescription was a
statute of limitations.Whereas …. (acquisitive prescription) expressly 'vests the property' and raiseda new title
in the occupant, prescription did nothing more than bar the rightof action. The concept most fundamental to a
system of title by possession isthat the relationship between the occupant and the land in terms of possessionis
capable of producing legal consequences. In other words, it is the possessorwho is the actor. Under a statute of
limitations, however, one does not look tothe act of the possessor but to the neglect of the owner. In the former
theimportant feature is the claimant in possession, and in the latter it is theowner out of possession which
controls." (Montgomery, Prescriptive Acquisitionof Land Titles, XXVI, Philippine Law Journal, 353, 356-357
[1951].)

*****

Examples ofacquisitive prescription appear in Article 1132 of the Civil Code which statesthat the ownership of
movables prescribes through uninterrupted possession forfour years in good faith; the ownership of personal
property also prescribesthrough uninterrupted possession for eight years, without need of any othercondition.

Atty. Romulo P. Atencia

Email add: romuloatencia@yahoo.com

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