Prescription Flashcards
What is Prescription?
Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.
In the same way, rights and conditions are lost by prescription. (1930a)
The possession should be
In the concept of an owner
Public
Peaceful
Uninterrupted
Adverse
In order for possession to be adverse:
The claimant must clearly, definitely, unequivocally notify the owner of his (the claimant’s) intention to avert an exclusive ownership in himself.
Because prescription is an extraordinary mode of acquiring ownership, all the essential ingredients such as:
Period of time
Must be shown clearly
Reasons or Bases for Prescription
a. Economic Necessity (otherwise property rights would remain unstable)
b. Freedom from judicial harassment
c. Convenience in procedural matters
d. Presumed abandonment or waiver
Classification of Prescription
A. as to whether rights are acquired or lost
1) acquisitive prescription
a. ordinary prescription
b. extraordinary prescription
2. Extinctive prescription (“liberatory prescription”); (“prescription of actions”); (“statute of limitations”)
B. As to the subject matter
1. Prescription of property
a. prescription of real property
b. prescription of personal rights
2. Prescription of Rights
What is laches?
Unreasonable delay in the bringing of a cause of action before the court of justice.
The failure or neglect, for an unreasonable and unexplained length. to do that which, by exercising due diligence, could or should have been done earlier
Rationale for Laches
If a person fails to act as soon as possible in vindication of an alleged right, it is possible that the right does not really exist.
Distinguish between Prescription and Laches
While prescription is concerned with the FACT of delay, laches deal with the EFFECT of unreasonable delay
As a general rule (for laches):
- An action to recover registered land covered by the Torrens System may not be barred by laches;
- Neither can laches be set up to resist the enforcement of an imprescriptible right
What does Article XI, Section 15 of the 1987 Constitution state?
The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel
In resolving the matter of prescription, the following factors should be considered
- the period of prescription for the offense charged
- the time the period of prescription starts to run
- the time the prescriptive period was interrupted
Defense of prescription is evidentiary in nature which:
- Could not be established by mere allegations in the pleadings
- Must not be resolved in a motion to dismiss
What is Article 1107?
Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription.
Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through their parents, guardians or legal representatives. (1931a)
Reason for Article 1107
Since prescription is a mode of acquiring ownership, it follows that if a person is capable of becoming an owner by other legal modes, he should also be capable of acquiring the same property by prescription
Why can minors acquire personally?
Juridical capacity is required for possession, not capacity to act.
Prescription, both acquisitive and extinctive, runs against:
(1) Minors and other incapacitated persons who have parents, guardians or other legal representatives;
(2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts;
(3) Persons living abroad, who have managers or administrators;
(4) Juridical persons, except the State and its subdivisions.
Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. (1932a)
Can prescription run against the state and its subdivisions?
No, except for patrimonial property
What is Article 1109?
Article 1109. Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree.
Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship. (n)
Reason behind Article 1109
The close relationship between them, endangered by affect or influence, may prevent one from suing the other
Prescription is specifically provided for by law under Art. 1109
- The prescriptive period for legal separation suits
- Alienations made by the husband, without the wife’s consent
Between parents and children:
Prescription shall not run between them during the MINORITY and INSANITY of the latter. A sensu contrario prescription runs if the legal disability does not exist anymore.
As a general rule, even if the child is neither insane nor incapacitated, an adverse possession cannot be predicated on the possession of the child as against its parent
Does prescription run between guardian and ward?
No. This is so even if the guardian expressly repudiates the guardian ship (without court approval)
What is Article 1110?
Article 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman
Note: This refers to a married woman and a stranger
What is Article 1111?
Article 1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. (1933)
What is the limitation of Article 111?
The prescription obtained by a co-owner must have reference to the property held in common, naturally; otherwise the Article does not apply
What is Article 1112?
Article 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the right to prescribe in the future.
Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the abandonment of the right acquired. (1935)
Requisites for Renunciation of Property Acquired by Prescription
a. Renouncer must have capacity to alienate property (because renunciation is an exercise to the jus disponendi)
b. The property acquired must have already been obtained (hence, the right to prescription in the future cannot be renounced, since manifestly, this would be contrary to public policy)
c. The renouncing must be made by the owner of the right (not by mere administrator or guardian, for he does not own the property)
d. The renouncing must not prejudice the rights of the others, such as creditors
Form of Prescription
a. may be expressed or implied (tacit)
b. requires no consent on the part of the person to be benefited
c. requires no solemnities or formalities
When is there implied or tacit renunciation?
When there is an action which implies the abandonment of the right acquired
What is Article 1113?
Article 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of prescription. (1936a)
Things that may be acquired by Prescription
Generally - all things within the commerce of man
Things or Properties that cannot be acquired by prescription
a. Those protected by torrens title
b. Movables acquired through a crime
c. Those outside the commerce of men
d. Properties of spouses, parents and children, wards and guardians, under the restrictions imposed by law
What is Article 1114?
Article 1114. Creditors and all other persons interested in making the prescription effective may avail themselves thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. (1937)
Reason for Art. 1114
While rights may be waived, third persons with a right recognized by law should not be prejudiced.
What is Article 1115?
Article 1115. The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with respect to specific cases of prescription. (1938)
What is Article 1116?
Article 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the present Code shall be applicable, even though by the former laws a longer period might be required. (1939)
Transitional Rules for Prescription
- If the period for prescription BEGAN and ENDED under the OLD laws, said OLD laws govern.
- If the period for prescription BEGAN under the NEW CIVIL CODE, the NEW CIVIL CODE governs.
- If the period began under the OLD law, and continues under the NEW CIVIL CODE, the OLD law applies.
Exception:
In this third rule, it is the NEW CIVIL CODE that will apply, provided that two conditions are present:
1. The NEW CIVIL CODE requires a shorter period
2. This shorter period has already elapsed since August 30, 1950, the date when the NEW civil code became effective
What is Article 1117?
Article 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. (1940a)
Requisites common to ordinary and extraordinary prescription
- Capacity of acquirer to acquire by prescription
- Capacity of loser to lose by prescription
- Object must be susceptible of prescription
- Lapse of required period of time
- The possession must be:
a. In concepto de dueno (concept of owner)
b. public (not clandestine or non-apparent)
c. peaceful (not through force, violence, intimidation)
d. Continuous or uninterrupted
Additional requisites under Art. 1117
- For Ordinary prescription
a. Good Faith
b. Just title - For Extraordinary prescription (no other requisites except those mentioned in Comment 1 under the article)
What is Article 1118?
Article 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. (1941)
Possessor in the Concept of Holder
A possessor in the concept of holder cannot acquire property by prescription because his possession is not adverse
What is Article 1119?
Article 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. (1942)
Possession by License or Tolerance of Owner
In possession by license or tolerance, there is implied recognition of ownership residing in ANOTHER
What is Article 1120?
Article 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)
How Possession is interrupted for purposes of prescription
a. Naturally
b. Civilly
What is a natural interruption
Art. 1121. Possession is naturally interrupted when through any cause it should cease for more than one year
If prescription is interrupted, the old possession will generally not be counted; the period must begin all over again
Suspension of Prescription
If prescription is merely suspended, the old possession will be ADDED
Reason for the Period Involved
Possession de facto is lost if the property be in the possession of another for more than one year. Hence, if the possession of another has been for one year or less, it is as if there was no interruption
What is Article 1122?
Article 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.
The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)
What is Article 1123?
Article 1123. Civil interruption is produced by judicial summons to the possessor. (1945a)
What is Article 1124?
Article 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:
(1) If it should be void for lack of legal solemnities;
(2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;
(3) If the possessor should be absolved from the complaint.
In all these cases, the period of the interruption shall be counted for the prescription. (1946a)
What is Article 1125?
Article 1125. Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession. (1948)
Reason for Art. 1125
The possession is no longer in concepto de dueno or adverse
What is Article 1126?
Article 1126. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter.
As to lands registered under the Land Registration Act, the provisions of that special law shall govern. (1949a)
Prescription of titles recorded in registry of property
Art. 1125 does NOT refer to land registered under the Land Registration Law. It refers to ALL OTHER LANDS
What is Article 1127?
Article 1127. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. (1950a)
What is Article 1128?
Article 1128. The conditions of good faith required for possession in articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. (1951)
Other Requisites for Good Faith
The requisites in the Articles must ALL be present
a. Art 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it
b. Art 527. Good faith is always presumed, and upon who alleges bad faith on the part of a possessor rests the burden of proof
c. Art 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully
d. Art 529. It is presumed that the possession continues to be enjoyed in the same character in which it was acquired until the contrary is provided
For how long must good faith last?
The good faith must last throughout the required period.
If good faith to bad faith, how many more years of possession would be required?
For real property, three years of possession in bad faith would be equivalent to one year possession in good faith
For personal property, two years possession in bad faith would be equivalent to one year in good faith
What is Article 1129?
Article 1129. For the purposes of prescription, there is 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 rights, but the grantor was not the owner or could not transmit any right. (n)
Define “Just Title”
a. 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 rights, but the grantor was not the owner or could not transmit any right.
b. There was a mode of acquisition but the grantor was not the owner.
c. True and valid
What is Article 1130?
Article 1130. The title for prescription must be true and valid. (1953)
What is Article 1131?
Article 1131. For the purposes of prescription, just title must be proved; it is never presumed. (1954a)
Necessity of Proving the Just Title
a. Proof is needed in view of the aggressive or offensive character of prescription
b. In prescription, therefore, the presumption of just title given under Art. 541 regarding DEFENSE of rights does not apply
What is Article 1132?
Article 1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith.
The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition.
With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant’s store the provisions of articles 559 and 1505 of this Code shall be observed. (1955a)
Period of Prescription for Movables
a. ordinary prescription - 4 years
b. extraordinary prescription - 8 years
Rule with respect to lost movables and those of which the owner has been illegally deprived
One who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same.
If the possessor of a movable lost or of which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor
Nothing in this title shall affect
a. The provisions of any factors’ acts, recording laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof
b. The validity of any contracts of sale under statutory power of sale or under the order of a court of competent jurisdiction
c. Purchases made in a merchant’s store, or in fairs, or markets, in accordance with the Code of Commerce and special laws
What is Article 1133?
Article 1133. Movables possessed through a crime can never be acquired through prescription by the offender. (1956a)
Rules for Immovables (where crimes are involved)
Regarding immovables, possession by force or violence does not give rise to prescription
What is Article 1134?
Article 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years. (1957a)
Prescriptive Periods for Acquiring Real Property
ordinary prescription - 10 years
extraordinary prescription - 30 years
What is Article 1135?
Article 1135. In case the adverse claimant possesses by mistake an area greater, or less than that expressed in his title, prescription shall be based on the possession. (n)
What is Article 1136?
Article 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant. (n)
Does Art. 1136 apply when civil courts are open?
No.
Effect of a fortuitous event on prescription
Article 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. (n)
What is Article 1137?
Article 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. (1959a)
Article 1137 refers to extraordinary prescription regarding:
a. ownership over immovables
b. other real rights over immovables
Period required under Article 1137 for extraordinary prescription
30 years
Can property voidly donated be acquired by extraordinary prescription?
Yes
Does prescription have a retroactive effect?
Yes. The acquirer, as soon as the necessary period lapsed, is considered the owner from the BEGINNING of the possession.
What is Article 1138?
Article 1138. In the computation of time necessary for prescription the following rules shall be observed:
(1) The present possessor may complete the period necessary for prescription by tacking 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 a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary;
(3) The first day shall be excluded and the last day included. (1960a)
Rules for computation of time
Par. 1 - Tacking of possession
a. This means ADDING the period of possession of the predecessor
b. Tacking is allowed only if there be privity of relationship between the predecessor and the successor
c. “Tacking” by a subsequent possessor of his predecessor’s possession can be allowed if the predecessor’s possession can satisfy the requisites for prescription.
Par. 2 - Presumption of Continuing Possession
The presumption is expressly declared to be rebuttable.
What is Article 1139?
Article 1139. Actions prescribe by the mere lapse of time fixed by law. (1961)
Prescription as a defense
Prescription of action is available as a defense. To be asserted as such, it must be specifically pleaded and proved.
How long is a month?
A month is understood to refer to a 30-day month and not to a calendar month
What is Article 1140?
Article 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132, and without prejudice to the provisions of articles 559, 1505, and 1133. (1962a)
What is Article 1141?
Article 1141. Real actions over immovables prescribe after thirty years.
This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963)
What is Article 1142?
Article 1142. A mortgage action prescribes after ten years. (1964a)
Even if a mortgage is registered, can the action to foreclose upon it prescribe?
Yes
What is the effect on interest on debt?
If a mortgage debt had already prescribed, so also has the action to recover interest thereon.
What is Article 1143?
Article 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:
(1) To demand a right of way, regulated in article 649;
(2) To bring an action to abate a public or private nuisance. (n)
What are some other actions that do not prescribe?
a. The action to demand partition of a co-ownership
b. The action (or the defense) for the declaration of contract of marriage as null and void or inexsistent
c. The action to have a will probated
d. The action for the quieting of title so long as the plaintiff is in possession of the property
e. The right to demand support (present and future) but installments on support may prescribe.
f. Generally, an action to recover property expressly placed in trust (express trust) cannot prescribe in view of the confidence reposed, UNLESS such trust has been repudiated unequivocally. However, constructive trusts are affected by prescription and laches in view of the lack of confidence or fiduciary relations.
g. An action to compel reconveyance of property with a Torrens title does NOT prescribe if the registered owner had obtained the registration in bad faith, and the property is still in the latter’s name.
h. An action brought by a buyer of land to compel the seller to execute the proper deed of conveyance does NOT prescribe, provided that the said buyer is still in POSSESSION
i. An Action by the registered owner of land to recover possession of said land
What is Article 1144?
Article 1144. The following actions must be brought within ten years from the time the right of action accrues:
(1) Upon a written contract;
(2) Upon an obligation created by law;
(3) Upon a judgment. (n)
What is Article 1145?
Article 1145. The following actions must be commenced within six years:
(1) Upon an oral contract;
(2) Upon a quasi-contract. (n)
Actions where periods are not fixed
Any other action whose period has not been fixed in the Civil Code or other laws, to be counted from the time the right of action accrues
What is Article 1146?
Article 1146. The following actions must be instituted within four years:
(1) Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.)
Other actions that prescribe in four years under Art. 1146
a. Actions for annulment of marriage based on non-age, fraud, force, or intimidation
b. Action for the revocation or reduction of donations based on birth, appearance, or adoption of child
c. Action to revoke a donation for non-compliance with conditions imposed by donor upon donee
d. Action for rescission of contracts
e. Action for the annulment of a contract
What is Article 1147?
Article 1147. The following actions must be filed within one year:
(1) For forcible entry and detainer;
(2) For defamation. (n)
Other actions that prescribe in one year under Art. 1147
a. An action for legal separation, to be counted from knowledge of cause
b. Action to impugn the legitimacy of a child (if husband is in the same place)
c. Action for the revocation of a donation on the ground of ingratitude, the period to be counted from the time the donor had knowledge of the fact, and it was possible for him to bring the action
d. Action for rescission or for damages for sale of immovable encumbered with any non-apparent burden or servitude, the period to be counted from the execution of the deed.
e. Action for damages (no rescission anymore) for sale of immovable encumbered with any non-apparent burden or servitude.
What is Article 1148?
Article 1148. The limitations of action mentioned in articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce, and in special laws. (n)
What is Article 1149?
Article 1149. 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. (n)
May the parties stipulate when action for court enforcement may be brought?
Yes, unless the stipulationL
a. contravenes a valid statute
b. or the time fixed is unreasonably short
What is Article 1150?
Article 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. (1969)
What is the reason for Art. 1150?
One cannot be said to begin sleeping on his rights, if such rights have not yet accrued. Thus, the starting point is the legal possibility
What is Article 1151?
Article 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. (1970a)
What is Article 1152?
Article 1152. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. (1971)
What is Article 1153?
Article 1153. The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions.
The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. (1972)
What does the par. 1 and par. 2 of Article 1153 deal with?
Par. 1 - Demand for accounting
Par. 2 - Result of the accounting
What is Article 1154?
Article 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. (n)
What is Article 1155?
Article 1155. The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor. (1973a)
When prescription of actions is interrupted under the Civil Code
a. Filed before the court (judicial demand)
b. Written extrajudicial demand
c. Written acknowledgement by the debtor of his debt
