PRESCRIPTION 1.

Insane
 Himself only – prescription does not run
 Prescription was a statute of limitations against him
 Acquisitive/Adverse Possession/Usupacion  With legal representative/guardian -
 the acquisition of a right by a lapse of time prescription will apply
 expressly ‘vests the property’ and raised a new 2. Illegitimate Child represented by natural mother
title in the occupant  Who filed an action for acknowledgement and
 Extinctive/Limitation of Action – rights and actions are partition more than 4 years after the agreement
lost by the lapse of time of partition of the surviving legitimate heirs
duly approved by the court – SC dismissed on
Prescription vs Laches the ground of prescription considering that the
prescriptive period for assailing a partition
Laches
made by heirs of a deceased prescribes after 4
years from the time the partition was made
 a doctrine of stale demands which is based upon grounds
of public policy which requires, for the peace of society  Art 1108(1) of the Civil Code – the illegitimate
and discouragement of stale claims child cannot claim exemption from the effects
 applies independently of prescription so that laches has of prescription
been successfully interposed even if a shorter time had 3. Absentees
elapsed and the prescriptive period has not yet expired  Himself only – prescription does not run
 can also bar the filing or prosecution of a suit A person who is absent cannot manage his
affairs as he cannot go back to his domiciles
Requisites of Laches: (if the absentee can go back to his domicile but
he intentionally does not want to return,
1. Conduct on part of the defendant, or of one under whom prescription will lie against him)
he claims, giving rise to the situation of which  With administrator – prescription will run
complainant is made and for which the complaint seeks a 4. Persons Living Abroad
remedy  Himself only – will not run against them
2. Delay in asserting the complainant’s rights, the (it must be shown that they cannot return
complainant having had knowledge or notice of the to their domicile within the period when
defendant’s conduct and having been afforded an prescription should have run)
opportunity to institute a suit  With managers/administrators – will run
3. Lack of knowledge or notice on the part of the defendant 5. Juridical persons – subject to prescription
that the complainant would assert the right on which he 6. State and its subdivisions
bases his sit  Acting in their sovereign capacity – cannot be
4. Injury or prejudice to the defendant in the event relief is the subject of prescription
accorded to the complainant or the suit is not held barred Republic vs PNB - the Armed Forces
of the Phil. as plaintiff fileda case for recovery
Prescription Laches of a sum of money which the defendant bank
concerned with the fact of delay concerned with the effect of negligently paid to unauthorized persons. The
delay lower court dismissed the suit on the ground of
matter of time principally a question of prescription
inequity of permitting a claim
to be enforced SC ruled that: since the statute of
limitations does not run against the State and it
this inequity being founded on is neither alleged nor sworn that plaintiff, in
some change in the condition of making the deposit of its funds in question with
the property or the relation of the defendant, did so other than an
the parties instrumentality of the Republic, the pleas of
statutory not statutory prescription cannot be maintained
applies at law equity
 Acting in its proprietary character –
based on fixed time not based on fixed time
prescription will run against it
National Devt Company vs Tobia –
 A person who is majority of age and who is qualified to where the plaintiff National Devt Corp, a
do all acts of civil life may acquire property by GOCC, filed a collection case which was
prescription dismissed on the ground that the claim had
prescribed
Minor who acquires personally When such minor SC upheld the applicability on
property or rights without the comes of age, he prescription by stating: Plaintiff herein is
assistance of his parents/guardian may ratify the neither the Government of the Republic nor a
acquisition branch or subdivision thereof. It is like all
ANNULLABLE OR VOIDABLE other corporations capitalized by the
Government, a business corporation, and as
Minor who acquires through his such, its causes of action are subject to statute
parents/guardian of limitation

VALID
 Generally, prescription does not apply to husband and wife
unless the law provides otherwise
This is true even though there be a separation of property
agreed upon in the marriage settlement or by judicial
decree. Thus in Pacio vs Billion,
where a husband made a donation to his first
wife and that, in order to resist the claim of the children
of the said husband from his second wife, the children of
the first wife contended that, though donation was
invalid, the first wife nevertheless acquired the same
through acquisitive prescription considering that the
void donation constituted a title and that the first wife
possessed the property for about 29 years.
The SC rejected such contention on the
ground that there was no proof of an adverse
possession on the part of the first wife. Moreover,
under Article 1109 of the 1950 Civil Code “prescription
by adverse possession cannot exist between husband and
wife”
 Notwithstanding the provisions of the Civil Code, a law may
validly provide that prescription applies between husband and
wife.
Family Code: a case of legal separation between husband
and wife must be filed within 5 years from the
occurrence of the cause

 Parent and a child during the latter’s insanity or minority – no

prescription
Natural bond of filiation
If the child has attained the age of majority – prescription
will apply
In special cases, the law may provide for a
prescriptive period between a parent and a child. Thus
the family code provides that a husband may impugn the
legitimacy of the child of her wife within 1 year

 Guardian and the ward – prescription will not lie during the
period of guardianship

There is co-ownership whenever the ownership of an undivided

thing or right belongs to different persons

Prescription obtained by a co-proprietor shall benefit the others

Example:

A, B & C co-own a particular land which they reside. If B occupies, as a

co-owner with A & C, a portion of land adjoining the co-owned ppty,
and he adversely and publicly holds such adjacent portion of land
continuously to the exclusion of all others who are not in the co-
ownership for the required period of time, there can be a valid
acquisition not only in his favour of A and C even though they do not
actually possess the said portion.