Prescription

Question 1

What are covered by prescription?

Answer 1

Ownership
Real rights
Rights and Actions

Question 2

2 types of prescription

Answer 2

1) acquisitive

2) extinctive

Question 3

Acquisitive (Adverse Possession / Usucapcion)

Answer 3

Acquisition of a right by the lapse of time

Question 4

Extinctive (Limitation of Action)

Answer 4

Rights are lost by the lapse of time

Question 5

Requisites of Laches

Answer 5

1) conduct on the part of the defendant

2) delay in asserting complainant’s rights, having had
- -knowledge of defendant’s conduct
- -opportunity to institute a suit

3) lack of knowledge or notice on the part of defendant that complainant would assert the right
4) injury or prejudice to defendant in the event relief is granted to complainant

Question 6

Prescription v Laches

Answer 6

PRESCRIPTION

• FACT of delay
• matter of TIME
• STATUTORY
• based on LAW
• prescribes a FIXED TIME

LACHES

• EFFECT of delay
• matter of INEQUITY
• not provided by statutes
• based on EQUITY
• NO FIXED TIME

Question 7

Prescription does not run against:

Answer 7

MAAS

Question 8

Prescription runs against:

Answer 8

MAAJ

Question 9

Characteristics of Possession

Answer 9

1) in the concept of an owner
2) public
3) peaceful
4) uninterrupted

Question 10

When will judicial summons not be considered as civil interruption?

Answer 10

1) Void for lack of legal solemnities
2) Plaintiff should desist from complaint; or allow proceedings to lapse
3) Possessor should be absolved from complaint

Question 11

3 types of interruption

Answer 11

1) natural
2) civil
3) possessor’s recognition of owner’s rights

Question 12

Other conditions of good faith

Answer 12

Art. 1128
1) not aware that there exists a flaw which invalidates his mode of acquisition/title

2) good faith is always presumed
3) possession acquired in good faith does not lose this character
4) presumed that possession continues to be enjoyed in the same character in which it was acquired

Question 13

What are rights that are not extinguished by prescription?

Answer 13

page 10 of crombonds

Question 14

3 interruptions for prescription of actions

Answer 14

1) when they are filed before the court
2) when there is a written extra-judicial demand by creditors
3) when there is any written acknowledgment of the debt by the debtor

Question 15

Kinds of fruits

Answer 15

1) natural
2) industrial
3) civil