PRESCRIPTION

Acquisitive

Extinctive
Ordinary Extraordinary (statute of
Common Rqsts (no exc; always there): limitation)
Good Faith Period
4 Attributes:
Valid Title Possession
 Peaceful
(colorable)
 Uninterrupted
 Public
O (yrs) EO  Adverse (concept of an owner)
(yrs)
MV 4 8
IMV 10 30

11/03/14 – Monday [DIAGRAM NOTES]

 VT colorable; if it were perfect prescription would be irrelevant

 VT = mode of acquisition
 A void donation can lead to prescription and ownership
 Is a void donation a valid title? YES
 Informal settler not EO (cannot acquire by prescription; no concept of an owner)

Mica Regalado |1B 2014

 11/10/14 – Monday [DIAGRAM NOTES]
 You always make an extrajudicial demand
 We can dispose of demand by stipulation
1169 (“without need of further demand”)

GEN
Prestations are to be
complied with in
different times

EXC

No need of
extrajudicial
Reciprocal and
demand
Reciprocal Obligation simultaneous
Does not comply/not proper SC: Agcaoili (different times)

Mica Regalado |1B 2014

 Gen Rule:

PAYMENT
COMPLETE

Exception:

Substantial
compliance

1234 1235
(damages not (w/o reservation; no
waived) objection; waive damages)

Mica Regalado |1B 2014

 C4. EXTINGUISHMENT OF OBLIGATION (1232-1304)

§1 Payment/ §2 Loss of the §3 Condonation §4 Confusion/ §5 Compensation §6 Novation

Performance thing due of Debt Merger of Rights (1278-90) (1291-1304)
(1232-51) (1262-69) (1270-74) (1275-77)

1. Application
of Payments
(1252-54)

2. Payment by
Cession
(1255)

3. Tender of
Payment and
Consignation
(1256-61)

Mica Regalado |1B 2014

Indebtedness:
1.
2.
Encashed
Impairment was made by credit (evidence
MONEY/PAYMENT/PERFORMANCE
of indebtedness not issued by debtor /
bank became insolvent
EXC: 1234 (no waiver)
 Stipulation Substantial
Extraordinary Complete
 Liquidated/not compliance
inflation or deflation 1235 (waiver)
(only to contracts) liquidated
No effect: GF/BF immaterial. EXC: payment made
rd
3 person is paid EXC: beneficial to creditor in GF to holder of
(prove benefit) credit
EXC:
Entitled to what he w/ consent of
1. Acquisition
paid + other rights debtor 3rd person pays 2. Ratification
3. Estoppel
Entitled to what w/o consent of
he paid debtor

 Tender
 Notice
Tender and
Application of Payment  Filing of C
Consignation
 End notice
 Decision that C is
Many debts of proper
1 person

Additional Diff nature Rule on

prestation and burden onerous

Mica Regalado |1B 2014

 LOSS OF THE THING DUE

Fortuitous Rebus sic stantibus Partial loss

(EXCUSED)  Legal impossibility (treated as
 Physical impossibility complete loss;
All will prematurely
loss of one or
terminate the
EXC: some art makes
Manifestly beyond the contract
 When stipulated everything
contemplation of parties useless->
by parties
(absolute exceptional changes obligation not
 Provided by law
and circumstances) satisfied)
 Assumption of risk

Mica Regalado |1B 2014

 COMPENSATION

ASSIGNMENT (1285) (1) by operation of law

 w/ consent  EXC:
(agreement: o Stipulated
reservation made by o Provided by
debtor) law
 w/ knowledge o 1280
(lesion) (guarantor)
 no knowledge (2) complete/partial
(knowledge: before) (3) ELEMENTS
a. Mutual C&D of each other
(2 contracts)
b. Same nature
c. Due (there is demand)
d. Liquidated (ascertained)
e. No controversy

Mica Regalado |1B 2014

 NOT PRESUMED! Legal subrogation
NOVATION
change

OBJECT/PRINCIPAL DEBTOR CREDITOR (Subrogation)

CONDITION

 By law (1302)
TESTS:  conventional
 Expressed (1) Delegacion Extent:
(2) Expromission liability of
 Implied
debtor
(incompatibility in
every point) Insolvency of new debtor

GEN RULE: NO EFFECT (1) Preference (creditor)

(Extinguished) (2) 3rd person pays
(3) Person interested pays

EXC:
When there is public
knowledge/knowledge of
debtor

Mica Regalado |1B 2014