III D. Prescription Flashcards
Sy: 1. Distinctions Between Acquisitive and Extinctive Prescription
As to Applicability
A: Applicable to ownership and other real rights.
E: Applicable to all kinds of rights, whether real or personal.
As to Legal Effect
A: Expressly vests the property and raises a new title in the occupant. The relationship between the occupant and the land in terms of possession is capable of producing legal consequences. It is the possessor who is the actor.
E: Produces extinction of rights or bars a right of action. Results in the loss of a real or personal right or bars the cause of action to enforce said right. One does not look to the act of the possessor but to the neglect of the owner.
As to requisite
A: Possession of a claimant who is not the owner.
E: Inaction by the owner or neglect of one with a right to bring his action.
As a defense
A: Can be proven under the general issue without it being affirmatively pleaded.
E: Should be affirmatively pleaded and proved to bar the action or claim of the adverse party.
Sy 2. Distinctions Between Extinctive Prescription and Laches
As to CONCEPT
P: One acquires ownership and other real rights through the lapse of time in the manner and under the action laid down by law. (Art. 1106, NCC)
L: The failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. (De Leon, 2006) It applies even to imprescriptible actions e.g., an action to annul a void contract may be barred by laches.
As to CREATION
P: Prescription is purely statutory in origin and is founded on ground of public policy. Time limit is imposed for a party to enforce his claim so that title to property and other rights will be stabilized. It protects the person who is diligent and vigilant in asserting his right, and conversely punishes the person who sleeps on his right. (Fernandez v. Cuerva, G.R. No. L-21114, 28 Nov. 1967)
L: A creation of equity which, as such, is applied not really to penalize neglect or sleeping upon one’s right, but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation. (Chavez v. Bonto-Perez, G.R. No. 109808, 01 Mar. 1995)
As a DEFENSE
P: GR: Evidentiary in nature and requires full blown trial.
XPNs:
- When the plaintiff’s complaint on its face or the evidence he presented shows clearly that indeed the action has prescribed at the time it was filed; or
- If, before trial, a party has no means of knowing that opponent’s claim has already lapsed, prescription as a defense may be pleaded later as soon as the true nature of the claim is discovered. (De Leon, 2011)
The burden of proof rests on the part claiming it. Failure to plead constitutes as a waiver of defense and cannot be raised for the first time on trial or appeal.
L: Evidentiary in nature and cannot be established by mere allegations in the pleadings. The party alleging laches must adduce in court evidence proving such allegation. (Apo v. Sps. Roberto, G.R. No. 198356, 20 Apr. 2015)
Acquisitive: General Requisites for Acquisitive
Prescription: (CTPL)
General Requisites for Acquisitive Prescription: (CTPL)
- Capacity to acquire by prescription
- Thing capable of acquisition by prescription
- Possession of thing under certain conditions
- Lapse of time provided by law
Acquisitive: Kinds of Acquisitive Prescription
Kinds of Acquisitive Prescription
- Ordinary Prescription
a. Possession in the concept of an owner, public, peaceful and uninterrupted;
b. Within time fixed by law (4 years for movables; 10 years for immovable);
c. Good faith
d. Just title;
- Extraordinary Prescription
a. Possession in the concept of an owner, public, peaceful and uninterrupted;
b. Within time fixed by law (8 years for movables; 30 years for immovables):
Note: Just title and good faith NOT required in extraordinary prescription;
Prescription where the possessor is in bad faith. It does not require good faith or just title but possession for a period longer than ordinary acquisitive prescription. (Pineda, 2009)
Requisites of Extraordinary Prescription (C-LA-S)
1. Capacity of the possessor to acquire by prescription (Art. 1107, NCC);
2. Susceptibility of object to prescription (Art. 1113, NCC);
3. Adverse possession of the character prescribed by law (Arts. 1118 and 1119, NCC)
4. Lapse of time required by law (1139, NCC); and
Acquisitive: Good faith (Elements)
Good Faith:
1.If he is not aware of the existence of any flaw or defect in his title or mode of acquisition which invalidates it (Art. 526 in relation to Art. 1128, NCC) and
2. has reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership (Art. 1127, NCC)
Acqiositive: Just Title
a. Titulo Colorado
b. Titulo putativo
c. sufficient
Just Title — when the possession was acquired through one of the modes recognized by law, but the grantor was not the owner or could not transmit any right (Art. 1129, NCC); must be proved and never presumed; only Titulo Colorado is required
- Titulo Colorado — such title where there was a mode of transferring ownership but something is wrong because the grantor is NOT the owner
- Titulo putativo a person believes he has obtained title but he has not because there was no mode of acquiring ownership, as when one is in possession of a thing in the mistaken belief that it had been bequeathed to him. (Doliendo v Biamesa, G.R. No. L2765, 1906)
- Title must be one which would have been sufficient to transfer ownership if grantor had been the owner
It means that the possessor obtained the possession of the property through one of the modes recognized by law for acquiring ownership, but the transferor or grantor was not the owner of the property or he has no power to transmit the right. (Art. 1129, NCC)
Rules in Computation of Period
- Present possessor may tack his possession to that of his grantor or predecessor in interest
- Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved
- First day excluded, last day included
Tacking Period
- There must be privity between previous and present possessor
- Possible when there is succession of rights
- If character of possession different:
a) predecessor in bad faith /possessor in good faith — use extraordinary prescription
Extinctive prescription or limitation of
actions –
It involves loss of property rights or actions through the possession by another of a thing for the period provided by law or failure to bring the necessary action to enforce one’s right with in the period fixed by law. Rights and actions are lost by the lapse of time. (Arts. 1106 and 1139, NCC)
Basic requirements of
prescription as a mode of acquiring ownership?
- Actual possession of a property, which is susceptible of prescription;
- Possession must be in the concept of an owner and not that of a mere holder; (Art. 1118, NCC)
- Possession must be public or open; (Art. 1118, NCC)
- Possession must be peaceful; (Art. 1118, NCC)
- Possession must be continuous and not interrupted; (Art. 1118, NCC)
- Possession must be adverse, that is, exclusive and not merely tolerated; and
- Possession must satisfy the full period required by law. (Pineda, 2009)
Action to Recover Movables
Eight (8) years (good faith) or four (4) years (badfaith) from the time the possession is lost. (Art.1140, NCC; Pineda, 2009)
Action to Recover Immovables
30 years (Recover ownership). (Art. 1141, NCC)
Ten (10) years (Recover real right of possession). (Art. 555(4), NCC); Pineda, 2009)
Mortgage Action
Ten (10) years from default of mortgagor. (Art.1142, NCC)
Action based on Written Contract
Ten (10) years
NOTE: If contract is oral or quasi, prescriptive
period is six (6) years (Art. 1145, NCC)
Action based on Obligation Created by Law
Ten (10) years from the time the right of action accrues
