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Title V PRESCRIPTION

GENERAL PROVISIONS (Arts. 1106-1116)

1. Define and classify prescription. (1954)

ANS: By prescription, one acquires ownership and other real rights through the lapse of
time in the manner and under the conditions laid down by law.
In the same way, "rights and actions are lost by prescription.» (Art. 11 06, CC.)

From this codal definition, it is evident that there are two kinds of prescription - acquisitive,
which is defined in the first paragraph, and extinctive, which is defined in the second paragraph.

2. Distinguish between acquisitive and extinctive prescription. (1954)

ANS: Acquisitive and extinctive prescription may be distinguished from each other in the
following ways:
(1) As to elements: The first requires as an essential element a positive fact - possession by
one who is not the owner, whereas the second merely requires a negative element - inaction of
the owner.

(2) As to purpose: The purpose of the first is to produce the acquisition of ownership and
other real rights, whereas that of the second is to produce the extinction of rights.

(3) As to extent: The first is applicable only to real rights which are susceptible of possess

(4) As to effect: The first results in the acquisition as well as in the extinction of a real right,
whereas the second merely results in the extinction of a real or personal right. (1 Castan 667-
669.)

3. Does prescription run between husband and wife, or between parents and children,
or between guardian and ward?

ANS: Prescription does not run between husband and wife, even though there be a
separation of property agreed upon in the marriage settlements or by judicial decree. Neither
does prescription run between parents and children during the minority or insanity of the latter,
and between guardian and ward during the continuance of the guardianship. (Art. 1109, CC.)

4. May prescription be renounced?

ANS: Persons with capacity to alienate property may renounce prescription already
obtained, but not the right to prescribe in the future. Prescription is deemed to have been tacitly
renounced when the renunciation results from acts, which imply the abandonment of the right
acquired. (Art. 1112, CC.)
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5. Y, being a friend and former classmate of X, used to borrow from the latter
certain amounts from time to time. Later, liquidation was made and Y executed a
promissory note on November 29, 1933 promising to pay to X the sum of P7, 200 as soon as
he has money. The note further stipulates that he renounces his right to the prescription
established by law for the collection of the above sum, and that collection may be enforced
at any time even after the lapse of 10 years from the date of the instrument. Because of
failure to pay despite repeated demands, X filed a complaint against Y on January 7, 1953
for the fixing of the period for payment and for collection. Y now contends: (1) that the
action is filed out of time; and (2) that even assuming that it is not filed out of time, the
court must first determine the period for payment pursuant to Art. 1197 of the CC. Are
these contentions tenable? Reasons.
ANS: The above contentions of defendant are untenable.

An analysis of the contents of the promissory note in the light of the undisputed background
of this case clearly shows that the complaint was not filed out of time. The creditor, moved by
ties of friendship, was more than willing to give the debtor the utmost latitude as to when his
admittedly scanty resources will allow him to pay. He was not renouncing any right; he was just
being considerate. The provision of Art. 1112 of the CC that a person cannot renounce future
prescription is not, therefore, applicable. The intention of both parties was that payment cannot
be enforced even within the 10-year period following the execution of the promissory note
which, normally, would be the prescriptive period for collection. Hence, in reality, there is no
renunciation of the right of the debtor to prescription. What emerges is that the first 10 years
after November 29, 1933 should not be counted in determining when the action of the creditor
could be filed. Under the law, the creditor, therefore, had up to November 29, 1953 within which
to file the action for collection. The complaint was filed on January 7, 1953. Hence, it was filed
in time.
As far as the second contention is concerned, an action combining both features may be
allowed if it can be shown that a separate action for collection would be a mere formality
because no additional proofs other than those already adduced will be presented and would serve
no purpose other than to delay. Here, there is no legal obstacle to the action for collection filed
by the creditor. (Borromeo us. Court of Appeals, 47 SCRA 65.)

6. What law governs prescription already running before the effectivity of the New
Civil Code?
ANS: Prescription already running before the effectivity of the New Civil Code shall be
governed by laws previously in force; but if since the time the New Civil Code took effect the
entire period required for prescription under such new Code should elapse, such new Code shall
be applicable, even though by the former laws a longer period might be required. (Art. 1116,
CC.)

7. A, with full knowledge that B is not the owner of a parcel of land, bought it for a
nominal sum from B in 1945 and since then has been in open, actual, continuous and public
possession thereof, under claim of title exclusive of any other right and adverse to all other
claimants. C, the real owner of the land who had left it in 1944 by reason of the war, was
able to return to the land only in 1958 and, learning of Ns possession, files suit. A claims
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prescription of 10 years, because he took possession of the land before the effectivity of the
New Civil Code, but C counters that as A entered the land in bad faith, and he had not yet
acquired ownership by the time the New Civil Code took effect, the period is 30 years
under the New Civil Code. Decide, stating your reasons.

ANS: A is correct. The period of prescription is 10 years in accordance with the old law.
(Sec. 41, Act 190, Code of Civil Procedure.) According to Art. 1116 of the New Civil Code,
"prescription already running before the effectivity of this Code shall be governed by laws
previously in force; but if since the time this Code took effect the entire period herein required
for prescription should elapse, the present Code shall be applicable, even though by the former
laws a longer period might be required."

ACQUISITIVE PRESCRIPTION (Arts. 1117-1138)

8. What are the requisites for acquisitive prescription?

ANS: It depends.
In case of ordinary acquisitive prescription, the following requisites must concur:
(1) Capacity to acquire by prescription;
(2) The object must be susceptible of prescription;
(3) The possession must be in concept of owner, public, peaceful, continuous, and
uninterrupted;
(4) The possession must be in good faith;
(5) The possession must be by virtue of a just title; and
(6) The period of possession must be 4 years if the object is movable or 10
years if it is immovable.

In case of extraordinary acquisitive prescription, the following requisites must concur:

(1) Capacity to acquire by prescription;
(2) The object must be susceptible of prescription;
(3) The possession must be in concept of owner, public, peaceful, continuous, and
uninterrupted; and
(4) The period of possession must be 8 years if the object is movable or 30 years if it
is immovable.

9. What is meant by good faith?

ANS. Good faith for purposes of prescription has 2 aspects. In its positive aspect, it
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consists in the reasonable belief that the person the possessor received the thing was the owner
thereof, and could transmit his ownership. (Art. 1127, CC.) In its negative aspect, it consists in
the ignorance of the possessor of any flaw which would invalidate his title or mode of
acquisition. (Arts. 1128, 526, CC.)

10. What is meant by just title?

ANS: For purposes of prescription, there is just title when the adverse claimant came into
the possession of the property through one of the modes recognized by law for the acquisition of
ownership or other real right, but he grantor was not the owner or could not transmit any right.
Art. 1129, CC.) Its requisites are: (1) It must be just; (2) it must be true; (3) it must be valid; and
(4) it must be proved. (Arts. 1117, 1130, 1131, CC.)

11. "P" took possession of a parcel of unregistered land belonging to "0" in good
faith and by virtue of a just title on June 15, 1969. Exactly 9 years afterwards, on June 15,
1978, he became aware of certain facts which show that he was in possession of the land
wrongfully. For how long shall he still possess the property in order that he shall become
the absolute owner thereof by acquisitive prescription?
ANS: Since "P" had already become a possessor in bad faith, it is clear that the rules on
extraordinary acquisitive prescription shall now apply. However, it would certainly be unjust if
the 30year period of extraordinary acquisitive prescription shall be counted from June 15, 1978.
That would be tantamount to penalizing the possessor for his good faith. The better rule is to give
a proportionate weight to the period of 9 years during which he was a possessor in good faith.
Such weight must be based on the proportion, which the period required for ordinary prescription
bears to the period required for extraordinary prescription. The proportion is one is to three (1:3),
since a period of 10 years is required for ordinary prescription and a period of 30 years is
required for extraordinary prescription. Consequently, the 9-year period of possession of “P”
while in good faith shall be trebled. That means 27 years. Therefore, he shall still need a period
of 3 years to be counted from June 15, 1978, before he can acquire absolute ownership over the
land by prescription. (See 2 Tolentino 407.)

12. How may the period of possession be interrupted?

ANS: Strictly speaking, there are 3 ways by which the period of possession may be
interrupted. They are as follows:
(1) Naturally - when through any cause, the possession shall cease for more than one
year. (Arts. 1120, 1121, CC.) If the natural interruption is for only one year or less,
the time elapsed shall be counted in favor of the prescription. (Art. 1122, CC.)
(2) Civilly - when there is a judicial summons to the possessor. (Art. 1123, CC.)
However, judicial summons shall be deemed not to have been issued and shall not
give rise to interruption:

(a) If it should be void for lack of legal solemnities;

(b) If the plaintiff should desist from the complaint or should allow the
proceedings to lapse; and
(c) If the possessor should be absolved from the complaint.
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In all of these cases, the period of the interruption shall be counted for the
prescription. (Art. 1124, CC.)
(3) Express or tacit recognition by the possessor of the owner's right. (Art. 1125, CC.)

13. How is the period of possession computed?

ANS: Possession in wartime, when the civil courts are not open, shall not be counted in
favor of the adverse claimant. (Art. 1136, CC.)

In the computation of time necessary for prescription, the following rules shall be observed:
(1) The present possessor may complete the period necessary for prescription by
tacking his possession to that of his grantor or predecessor in interest;
(2) It is presumed that the present possessor who was also the possessor at a previous
time, has continued to be in possession during the intervening time, unless there is
proof to the contrary;
(3) The first day shall be excluded and the last day included. (Art. 1138, CC.)

EXTINCTIVE PRESCRIPTION
(Arts. 1139-1155)

14. What causes of action will prescribe: (1) after 40 days? (2) after 6 months? (3) after
1 year? (4) after 2 years? (5) after 3 years? (6) after 4 years? (7) after 5 years? (8) after 6
years? (9) after 8 years? (10) after 10 years? (11) after the lifetime of either party?
ANS: (1) 40 days - Redhibitory action based on defects of animals. (Art. 1577, CC.)
(2) 6 months - (a) Action for reduction of price for rescission in case of
breach of sale of real estate, either with a statement of its area at a certain
price for a unit of measure or number (Arts. 1543, 1539, CC), or for a
lump sum. (Arts. 1543, 1542, CC.) (b) Action for warranty against hidden
defects of thing sold. (Art. 1571, CC.)
(3) 1 year - (a) Action by husband against wife to impugn child's legitimacy if
husband is in the same place as wife. (Art. 170, FC.) (b) Action for
revocation of donation for acts of ingratitude. (Art. 769, CC.) (c) Action
for forcible entry or unlawful detainer. (Art. 1147, CC.) (d) Action for
defamation. (Art. 1147, CC.) (e) Action for rescission or for damages if
immovable sold is encumbered with non-apparent burden or servitude.
(Art. 1560, CC.)
(4) 2 years - Action to impugn child's legitimacy if husband is in the
Philippines but not in same place as wife. (Art. 170, FC.)
(5) 3 years -Action to impugn child's legitimacy if husband is abroad. (Art.
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170, FC.)
(6) 4 years - (a) Action for revocation or reduction of donation based on
supervening birth, appearance or adoption of a child. (Art. 763, CC.) (b)
Action for revocation of donation based on non-fulfillment of condition.
(Art. 764, CC.) (c) Action for recovery of movable (replevin) if possessor
is in good faith. (Art. 1132, par. 1, CC.) (d) Action upon an injury to rights
of plaintiff. (Art. 1146, CC.) (e) Action upon a quasi-delict. (Art. 1146,
CC.) (f) Action for rescission of rescissible contracts. (Art. 1389, CC.) (g)
Action for annulment of voidable contracts. (Art. 1391, CC.)

(7) 5 years - (a) Action for legal separation. (Art. 57, FC.) (b) Action for
annulment of marriage based on (1) lack of parental consent (Art. 47, par.
1, FC),' (2) Fraud (par. 3); (3) Force, intimidation or undue influence (par.
4); (4) Physical incapacity and afflicted with a sexuality transmissible
disease. (par. 5.) (c) Action to claim legitimacy if child should die during
minority or in state of insanity. (Art. 173, FC.) (d) Action for declaration
of incapacity of heir. (Art. 1040, CC.) (e) Action for warranty of solvency
of debtor if credit is assigned to co-heir during partition. (Art. 1095, CC.)
(f) All other actions whose periods are not fixed by law. (Art. 1149, CC.)
(8) 6 years - (a) Action upon oral contract. (Art. 1145, CC.) (b) Action upon a
quasi-contract. (Art. 1146, CC.)
(9) 8 years - (a) Action for recovery of movables (replevin) if possessor is in
bad faith. (Arts. 1132, par. 2, 1140, CC.)
(10) 10 years - (a) action for declaration of nullity under Art. 36, where
marriage was celebrated before effectivity of the FC. (b) Action for
recovery of possession of immovables (accion publiciana) if real right of
possession is lost. (Arts. 555, 1134, CC.) (c) Action for recovery of
ownership of immovables (accion reinvindicatoria) if possessor is in good
faith. (Art. 1134, CC.) (d) Action upon a mortgage contract. (Art. 1142,
CC.) (e) Action upon a written contract. Art. 1144, CC.) (f) Action upon an
obligation created by law. (Art. 1144, CC.) (g) Action upon a judgment.
(Art. 1144, CC.)
(11) Lifetime - (a) Action to claim legitimacy. (Art. 173, FC.) (b) Action to
obtain declaration of illegitimate filiation. (Art. 175, FC.

15. A, a passenger in a vessel belonging to X Co., died on Nov. 1, 1949, when the
vessel capsized as a result of the alleged negligence of its crew. The complaint for damages
was filed on April 30, 1956. It is now contended that the action is already barred by the
statute of limitations because it is one for recovery of damages which is not based on a
written contract. Is this correct?

ANS: The plaintiff's cause of action is predicated upon the failure of defendant to comply
with its contract of carriage with the deceased. It is a matter of common knowledge that when a
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passenger boards a ship for transportation from one place to another, he '7 is issued a ticket by
the shipper wherein the terms of the contract are specified. This ticket has all of the elements of a
contract, namely: consent - manifested by the fact that the passenger boards the ship and the
shipper consents or accepts him in the ship for transportation; cause or consideration - which is
the fare paid by the passenger as stated in the ticket; and object - which is the transporting of the
passenger from the place of departure to the place of destination which are stated in the ticket.
Consequently, the action is based on a written contract, and therefore, has not yet prescribed.
(Guerrero, et al. us. Madrigal Shipping Co., £-12951, Nov. 17, 1959.)

16. How may prescription of actions be interrupted?

ANS: The prescription of actions is interrupted: (1) when they are filed before the court,
(2) when there is a written extrajudicial demand by the creditors, and (3) when there is any
written acknowledgment of the debt by the debtor. (Art. 1155, CC.)