ART. 1106
I.PRESCRIPTION VS LAPSES
PRESCRIPTION:
it is a mode of acquiring ownership and other real rights
through the lapse of time in the manner and under the
conditions laid down by the law. In the same way rights
and conditions can be lost through prescription.
Article 1118: Possession should be (a) in the concept of
an owner (b) public (c) peaceful and (d) uninterrupted.
LACHES
it is an unreasonable delay of bringing a cause of action
through the courts of justice. As defined by the
Supreme Court – it a negligence and omission to assert
a right within a reasonable period of time, warranting a
presumption that the persons entitled thereto have
already abandoned or declined to assert such rights.
II. PRESCRIPTION
A. Rationale: It is founded on the grounds of public
policy which requires for the peace of society, that
there are circumstances or juridical relations susceptible
of doubt which may give rise to disputes – be fixed and
established after the lapse of determinate time so that
ownership and other rights may be certain for those
who have claim in them.
B. Proof Needed: since prescription is an extraordinary
mode of acquiring ownership, all the essential
ingredients, particularly the period of time, must be
shown clearly.
C. Reasons or Bases for Prescription.
1. Economic Necessity
2. Freedom from judicial harassment (occasioned by
claims without basis)
3. Convenience in procedural matters (in certain
instances of juridical proof is dispensed with)
4. Presumed Abandonment or waiver (in view of the
owner’s indifference or inaction)
D. Classification
(a) as to whether rights are acquired or lost:
1) Acquisitive prescription (ownership)
a) ordinary
b) extraordinary
2 Extinctive prescription (action)
(b) as to the object or subject matter:
1) Prescription of property
a) real property
b) personal rights
2) Prescription of rights
III. LACHES
A. Rationale: if a person fails to act as soon as
possible to assert an alleged right, it is possible
that the right does not really exist.
IV. JURISPRUDENCE
1. While prescription is concerned with the FACT of
delay, laches deals with the EFFECT of unreasonable
delay.
2. No prescription shall run in favor of a co-owner or
co-heir against his co-owners or co-heirs so long as
he expressly or impliedly recognizes the co-
ownership. [Art. 494, CC]
3. In determining whether a delay in seeking to
enforce a right constitutes laches, the existence of a
confidential relationship between the parties is an
important circumstance for consideration. A delay
under such circumstance is not as strictly regarded
as where the parties are strangers to each other.
4. Prescription is a matter of time; laches is
principally a question of inequity of permitting a
claim to be enforced, this inequity being founded on
the same change in the condition of the property or
the relation of the parties. Prescription is statutory;
laches is not. Laches applies in equity, whereas
prescription applies at law. Prescription is based on
fixed time; laches is not.
Equity – Justice outside legality
5. Prescription does not run against the state,
especially because the recovery of unlawfully
acquired properties has become a state policy.
6. Prescription must yield to the higher interest of
justice.
7. Filing of the complaint, even if merely for
purposes of preliminary examination or
investigation, suspends and interrupts the running
of the prescriptive period.
ART. 1107
A. Who may acquire Property or Rights by Prescription
(a) those who can make use of the other modes
of acquiring ownership.
(b) Minors and other incapacitated persons,
either personally or through their parents, guardians or
legal representatives.
B. Reason for No. 1: If a person can become an owner
by donation, he can also become an owner by
prescription. However in a case where donation was
received from a paramour which is void, only
extraordinary prescription not ordinary prescription
since the latter would be lacking the element of just
title. No title at first hand since they are incapacitated
to donate to each other.
Reason for No. 2: This is because only juridical capacity
is required for possession, not capacity to act. Thus,
even discernment of intent to possess is not required
for such personal acquisition. This is so because the law
makes no distinction.
As a general rule, even if the child is neither insane nor
incapacitated, an adverse possession cannot be
predicated on the possession of the parent as against
the child, or in the possession of the child as against its
parent.

ART. 1108 C. Between Guardian and Ward

A. Prescription, both acquisitive and extinctive, runs
against:
(1) Minors and other incapacitated persons who have
parents, guardians or other legal representatives;
No prescription runs between them during the
continuance of the guardianship. This is so even if the
guardian expressly repudiates the guardianship
(without court approval); otherwise, the trust
relationship would be rendered nugatory.

(2) Absentees who have administrators, either ART. 1110

appointed by them before their disappearance, or
appointed by the courts; Prescription, acquisitive and extinctive, runs in favor of,
(3) Persons living abroad, who have managers or or against a married woman. This article refers to a
administrators; married woman and a stranger.

(4) Juridical persons, except the State and its ART. 1111
subdivisions.

Persons who are disqualified from administering

theirproperty have a right to claim damages from their
legal representatives whose negligence has been the
cause of prescription.

B. Minors without Parents, etc:

These people may still bring the action within a number
of years after their disability has been removed.
3 years – in case of recovery of land
2 years – in other civil actions

C. State and its subdivisions

No prescription can run against them, except with
reference to patrimonial property. (ART. 1113)

ART. 1109

A. No Prescription Between Husband and Wife

Reason: The close relationship between them,
engendered by affection or influence, may prevent one
from suing the other. Even if there has been a
separation of property for the same reluctance to sue
each other may still exist.

Separation of property even in the consequence of legal

separation since the law does not distinguish. Both
instances would be by judicial decree.

Exceptions: When prescription is specifically provided

for by law such as:
a) an action for legal separation – within 5 years
from and after the date when such cause occurred.
b) Alienations of husband without consent of
wife – within 10 years for the transaction questioned.

B. Between Parents and Children

No prescription shall run between them during the
MINORITY or INSANITY of the latter. A sensu contrario
prescription runs if the legal disability does not exist
anymore.