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CIVIL LAW REVIEWER

SAINT LOUIS UNIVERSITY BAR OPERATIONS

PRESCRIPTION
GENERAL PROVISIONS Art. 1106 Definition of Prescription: a mode of acquiring (or losing) ownership and other real rights thru the lapse of time in the manner and under conditions laid down by law, namely that the possession should be: a) in the concept of an owner, b) public, c) peaceful, d) uninterrupted, (Arts. 1106, 111, Civil Code) and adverse (p.1) Laches: unreasonable delay in the bringing of a cause of action before the courts of justice. : the failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to assert it. Art. 1107 Who may acquire rights or properties by prescription? 1) those who can make use of the other modes of acquiring ownership; 2) minors and other incapacitated persons, personally or through their parents, guardians or legal representatives. A husband can acquire property donated by a paramour only through extraordinary prescription (p. 7) Art. 1108 Persons against Whom Prescription may Run 1) Minors and other incapacitated persons who have parents, guardians or other legal representatives; 2) Absentees who have administrators, appointed by the former or the courts; 3) Persons living abroad, who have managers or administrators; and juridical persons. No prescription may run against the State or any of its subdivisions, except with reference to patrimonial property. (Art. 1113, Civil Code). Persons disqualified from administering their properties have the right to claim damages for the negligence of their legal representatives causing prescription.

Prescription Between Husband and Wife/ Parents and Children/ Guardian and Ward No prescription between husband and wife, except: 1) the prescriptive period for legal separation suits (Art. 120, Civil Code); 2) alienations made by the husband, without the wifes consent. (Art. 173, Civil Code) No prescription between parents and children shall run during the minority or insanity of the latter. No prescription runs between the guardian and ward during the continuance of the guardianship. Art. 1110 Prescription runs in favor of or against a married woman (in relation to a stranger).

Art. 1111 Prescription obtained by a co-proprietor or a co-owner shall benefit others. Art. 1112 Renunciation of Property Acquired by Prescription Requisites 1) Renouncer must have capacity to alienate property. 2) The property acquired must have already been obtained. 3) The renouncing must be made by the owner of the right. 4) The renouncing must not prejudice the rights of others. (pp. 11-12) Form 1) may be expressed or implied (tacit) 2) requires no consent on the persons to be benefited 3) requires no solemnities or formalities Art. 1113 Things that may be Acquired by Prescription: Generally, all things within the commerce of man, including the patrimonial property of the State or any of its subdivisions. Thing that my Not be Acquired by Prescription 1) public property (property of the State or any of its subdivisions not patrimonial in character) (Art. 1113) 2) those protected by a Torrens Title (Sec. 46, Act No. 496) 3) movables acquired through crime (Art. 1133, Civil Code) 4) those outside the commerce of men (Art. 1113, Civil Code) 5) properties of spouses, parents and children, wards and guardians, under

Arts. 1109

Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.

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the restrictions imposed by law. (Art. 1109, Civil Code) Art. 1114 Right of creditors to make use of prescription notwithstanding the express or tacit renunciation by the debtor or proprietor Art. 1115 Specific provisions of this Code prevails over this Title on Prescription Examples: 1) A legitimate child may bring an action to claim legitimacy as long as he is alive (Art. 268, Civil Code). 2) A natural child may bring an action for compulsory recognition as long as the parents are alive (Art. 285, Civil Code). 3) The real right of possession of real property is lost at the end of 10 years. 4) The proceeding for the probate of a will never prescribes. 5) The proceeding for the deportation of an alien must be brought within five (5) years from the date of cause of deportation arose. ( Sec. 37, Immigration Act) Art. 1116 Transitional Rules for Prescription 1) If the period of prescription began and ended under the old laws, said old laws govern. 2) In the period for prescription began under the New Civil Code, the New Civil Code governs. 3) If the period began under the Old law, and continues under the New Civil Code, the Old law applies, except if these two conditions are present: a) The New Civil Code requires a shorter period; and b) This shorter period has already elapsed since August 30, 1950, the date when the New Civil Code became effective. (Thus, the period prescribed under the New Civil Code should be counted from August 30, 1950. However, if by this method a longer period would be needed, a period that is even longer than that provided under the Old law, said Old law applies.) PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS Art. 1117 in relation to Art. 1118 Requisites to Common to Ordinary and Extraordinary Prescriptions 1) capacity of acquirer to acquire by prescription, 2) capacity of loser to lose by prescription,

CIVIL LAW REVIEWER

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3) object must be susceptible of prescription, 4) lapse of required period of time, 5) the possession must be: a) in concepto de dueno (in the concept of an owner) b) public (not clandestine or nonapparent) c) peaceful (not through force, violence or intimidation) d) continuous or uninterrupted. Additional Requirement Prescription 1) good faith 2) just title for Ordinary

POSSESSION Art. 1119 Possession by License or Tolerance of Owner Not Possession in contemplation of this Title on Prescription Art. 1120 in relation to Arts. 1121-25 Interruption of Possession 1) Natural (Arts. 1121-1122) Definition: interruption through any cause for more than one year. Non-revival of the Old Possession in case of new possession by same adverse claimant Interruption of one year is counted in favor of prescription. 2) Civil (Arts 1123-1124) Definition: interruption produced by judicial summons to the possessor When Judicial Summons cannot be considered Civil Interruption a) if it should be void for lack of legal solemnities; b) if the plaintiff should desist from the complaint; c) if the plaintiff should allow the proceedings to lapse; d) if the possessor should be absolved from the complaint. 3) Express or Tacit Recognition by Possessor of Owners Rights Art. 1126 Prescription of Titles Recorded in Registry of Property Subject Matter Real properties registered but not under the Land Registration Act General Rule: Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of third person. Exception: Except in virtue of another title also recorded and time

Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.

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shall begin to run from the recording of the latter. Lands registered under the Land Registration Act are governed by special laws. GOOD FAITH Arts. 1227 and 1228 Definition: the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. Other requisites of good faith: 1) He should not be aware that there exists in his title or mode of acquisition any flaw which invalidates it . Doubtful or difficult question of law nay be the basis of good faith. (Art. 526) Presumption of good faith (Art. 527). Possession acquired in good faith does not lose this character except in the case and from the moment of showing that the possessor is not unaware that he possesses the thing improperly or wrongfully. (Art. 528) It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved. (Art. 529) JUST TITLE Art. 1129 in relation to 1130 Definition of Just Title: when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real right, but the grantor was not the owner or could not transmit any right. Nature: Title must be true and valid which means the mode should ordinarily have been valid and true, had the grantor been the owner. (p. 32) Art. 1131 Just title is not presumed and must be proved.

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Recovery of Movable Property/ Property Illegally Deprived from Owner/ Property Acquired at Public Sales, Fairs, Markets and Merchant Stores Period of Prescription of Movables 1) ordinary prescription: 4 uninterrupted years 2) extraordinary prescription: 8 uninterrupted years Owner of a property which was illegally deprived of him may recover the same, provided that if the possessor acquires it in good faith the former must reimburse the latter of the price the latter paid therefor (Art. 559, Civil Code) Properties acquired by a third person in good faith from public sales, fairs, markets and merchant stores may not be recovered by the owner thereof (Art. 1505).

Art. 1133 Movables possessed through a crime can never be acquired through prescription by the offender. PRESCRIPTION OF IMMOVABLES Arts. 1134 and 1137 Prescriptive Period for Acquiring Real Property 1) ordinary prescription ( with title and good faith) --- 10 uninterrupted years 2) extraordinary prescription (without title or good faith) --- 30 uninterrupted years Art. 1135 When Area Possessed Varies from Area in Title Prescription is based not area in the title but on that possessed. Art. 1136 Possession in Wartime When civil courts are not open, the possession in wartime shall not be counted in favor of the adverse claimant. Art. 1138 Rules in the Computation of the Time for Prescription 1) The present possessor may complete the period necessary for prescription by tacking (adding) 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 the previous time, has continued to be in possession during the intervening time unless there is proof to the contrary;

PERIOD OF PRESCRIPTION OF MOVABLES Art. 1132 in relation to Arts. 559 and 1505

Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.

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3) The first day shall be excluded and the last day included.

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PRESCRIPTION OF ACTION Art. 1139 When Action Prescribes: By the mere lapse of time fixed by law. Prescription of action is available as defense. To be asserted as such, it must be specifically pleaded and proved. (p. 38) Art. 1143 Rights Not Extinguished by Prescription Art. 1143 1) To demand a right of way, regulated in Art. 649; 2) To bring an action to abate a public or private nuisance; Others 3) The action to demand partition of a co-ownership (Art. 494, Civil Code) 4) The action or defense for the declaration of a contract of marriage null and void or inexistent (Art. 1410) 5) The action to have a will probated 6) The action to quiet a title so long as the plaintiff is in possession of the property 7) The right to demand support 8) Others (see pp. 43-44) Arts. 1140 and 1141 Extraordinary Prescriptions 1) Movables: eight (8) uninterrupted years (Art. 1140) 2) Immovables: 30 years (Art. 1141) Art. 1142 in relation to Art. 1144 Prescription of Mortgage Actions: 10 years. Art. 1144 Actions that Prescribe in Ten (10) Years from time Right of Action Accrues 1) action upon a written contract, Example of written contract: the ticket issued for the transportation (i.e. passenger of ship) (p. 46) 2) action upon an obligation created by law; 3) action upon a judgment; Others 4) action to recover de jure possession of real property from a possessor in good faith (Art. 555, Civil Code, etc.) 5) a real mortgage action (Art. 1142, Civil Code) 6) claim for the liability of an employer for compensation cases under the Workmens Compensation Law. (p. 45)

Art. 1145 Action that Prescribes in Six (6) Years Note: Art. 1149: Any other action whose period has not been fixed in the Civil Code or in other laws, to be counted from the time the right of action accrues (Art. 1149, Civil Code). 1) action upon an oral contract, 2) action upon a quasi contract. Art. 1146 Action that Prescribes in Four (4) Years Art. 1146 1) action upon the injury to the rights of the plaintiff, 2) action upon a quasi-delict Period begins from the day the quasi delict was committed. (p. 52) Others 3) action for the annulment of marriage based on non-age, fraud, force or intimidation (Art. 87, Civil Code) 4) action for the revocation or reduction of donations based on birth, appearance, or adoption of a child (Art. 763, Civil Code) 5) action to revoke a donation for noncompliance with conditions imposed by donor upon donee, the period to be counted from the non-compliance with the said condition (Art. 764, Civil Code) 6) action for rescission of contract (Art. 1389, par. 1, Civil Code) 7) Action for the annulment of a contract (Art. 1391, par. 1, Civil Code) Art. 1147 Action that Prescribe in One Year 1) action for forcible entry and detainer, 2) action for defamation In libel cases, one year period runs from the time the offended party knows of the libelous matter. (p. 56) Actions that Prescribe in Six (6) Months 1) Action for the reduction of the price or for a rescission of a sale of real estate (by the unit area) if the vendor is unable to deliver on demand all that are stated in the contract (Art. 1543, Civil Code). 2) Action for reduction of the price or for rescission of a sale (a cuerpo cierto) of real estate if the vendor is unable to deliver all that is included within said boundaries (Art. 1543, in relation to Art. 1542, Civil Code). Art. 1149 General Proviso: All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues.

Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.

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Example: 1) action to impugn the recognition of a natural child (Art. 296, Civil Code) 2) action to impugn the legitimation of a child (Art 275, Civil Code) 3) action to reduce inofficious donations (Art. 772, Civil Code) Art. 1148 Specific provisions on prescription prevail over this Title on Prescription. Art. 1150 (in relation to Art. 1149) When there is no special provision which ordains otherwise, the time of prescription shall be counted from the day may be brought.

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SPECIFIC PROVISIONS ON THE COMMENCEMENT OF PRESCRIPTIVE PERIOD Art. 1151: Obligations to Pay the Principal with Interest or Annuity the last payment of the annuity or of the interest Art. 1152: Obligations Declared by Judgment the time the judgment became final Art. 1153 Action to Demand Accounting: the day the persons who should render the same cease in their functions Action arising from the Result of the Accounting: the date when the said result was recognized by agreement of the interested parties Art. 1154 Fortuitous event neither is nor reckoned against ones enforcement of his right. Art. 1155 Interruption of the Prescriptive Period 1) upon filing of judicial demand before the court 2) upon giving written extrajudicial demand 3) upon giving written acknowledgement by the debtor of his debt.

Prepared by the CIVIL LAW SECTION Chief NORBERT OBEDOZA Assistant Chief JOHN PAUL MARTIN Members LIWLIWA AGBAYANI, ELMER PEDROZO, ALLAN ANCHETA, JONATHAN FERNANDEZ, GARY DE GUZMAN, EIGEE GALACGAC and YVALLONE LAMATON. All Rights Reserved by the SAINT LOUIS UNIVERSITY COLLEGE OF LAW BAR OPERATIONS 2003.