prescription property

7/30/2019 Prescription PROPERTY

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PROPERTY REVIEWER||ATTY.MENDOZACainday||Santiago||Morana||De Vera|| Cancino

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Prescription

Art. 1106. By prescription, one acquiresownership and other real rights through thelapse of time in the manner and under the

conditions laid down by law.In the same way, rights and conditions are lostby prescription. (1930a)

Prescription a means of acquiring ownershipand other real rights or losing rights or actions toenforce such rights through lapse of time. (Art.1106)

Kinds of Prescription:1. Acquisitive prescription

the acquisition of ownership and other realrights through possession of a thing in themanner and under the conditions provided by

law.adverse possession (kind of possessionwhich is in opposition to the true title or realowner, commenced without right but ripenedinto title by lapse of time)

elements:a. Capacity of the claimant to acquire by

prescriptionb. A thing capable of acquisition by

prescriptionc. Possession of the thing under certain

conditionsd. Lapse of time provided by law

kinds:a. Ordinary acquisitive requires

possession of things in good faith and withjust title1 for the time fixed by law (Art.1117)

b. Extraordinary acquisitive good faith

and just title are not necessary (Art. 1117)

2. Extinctive prescription

the loss or extinguishment of property rightsor actions through the possession by another ofa thing for the period provided by law orthrough failure to bring the necessary action to

enforce ones right within the period fixed bylaw.

limitation of actions (where the plaintifffails to go to court within the prescriptive period,he loses his cause, not really because thedefendant has acquired the formers right byadverse possession, but because the plaintiffs

1Just title only a colored title or such title where although

there was a mode of transferring ownership, still something iswrong because the grantor is not the owner.

action has lapsed through the statute oflimitations)

Distinctions between acquisitive andextinctive prescription

Rationale of prescription: Prescription isof purely statutory origin and is founded on

ground of public policy. Time limit isimposed for a party to enforce his claim sothat titles to property and other rights will bestabilized. It protects the diligent andvigilant, not the person who sleeps on hisrights.

Prescription is different and independent oflaches.

Laches failure or neglect for anunreasonable and unexplained length of time,to do that which, by exercising due diligence,

one could or should have done earlier;negligence or omission to assert a right within areasonable time, warranting a presumption thatthe party entitled to assert it either hasabandoned or declined to assert it.

a recourse in equity; applies only in theabsence of a statutory prescriptive period

an equitable doctrine and is particularlydetermined by the courts based on equitableconsiderations.

Acquisitive ExtinctiveRequires possessionby a claimant who isNOT the owner

Inaction by the ownerout of possession orneglect of one with aright to bring his action

Applicable toownership and otherreal rights

Applies to all kinds ofrights, whether real orpersonal

Vests ownership orother real rights in theoccupant

Produces theextinction of rights orbars a right of action

Results in theacquisition of

ownership or other realrights in a person aswell as the loss of saidownership or realrights in another

Merely results in theloss of a real or

personal right or barsthe cause of action toenforce said right

Can be proven underthe general issuewithout its beingaffirmatively pleaded

Should be affirmativelypleaded and proved tobar the action or claimof the adverse party


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Distinctions between prescription and laches

Prescription Laches

Applies even toimprescriptible actions

(e.g. action to annul avoid contract may bebarred by laches)

Concerned with thefactof delay

Concerned with theeffectof delay

A question or matter oftime

A question of inequityof permitting a claim tobe enforced (thisinequity being foundedon some subsequentchange in the conditionor relation of theparties)

Statutory Not statutory

Applies at law Applies in equity

Cannot be availed ofunless it is especiallypleaded as anaffirmative allegation

Need not bespecifically pleaded;court may consider it inits own initiative toprevent inequity

Based on a fixed time Not based on a fixedtime

Prescription as a matter of defenseBurden of proof: Rests on the party laying claim to itEffect of failure to plead prescription: Failure toplead constitutes waiver of the defense and cannotbe raised for the first time at the trial or on appealGeneral Rule: The issue of prescription is oneinvolving evidentiary matters requiring a full-blowntrial on the merits and cannot be determined in amere motion to dismiss.Exceptions:

1. When the plaintiffs complaint on its face orthe evidence he presented shows clearly thatindeed the action has prescribed at the time itwas filed.2. If, before trial, a party has no means ofknowing that opponents claim has alreadylapsed, prescription as a defense may be

pleaded later as soon as the true nature of theclaim is discovered.

Art. 1107. Persons who are capable of acquiringproperty or rights by the other legal modes mayacquire the same by means of prescription.

Minors and other incapacitated persons mayacquire property or rights by prescription,

either personally or through their parents,guardians or legal representatives. (1931a)

Minors and other incapacitated persons mayalso under certain circumstances, acquire byprescription. In order that these persons can

acquire by prescription, it is necessary that theymust have discernment, because the intent toappropriate the thing as ones own is anessential element of the possession.

When the prescription requires a just title, thecapacity to prescribe will be the same capacityrequired for the particular title in question.

But in prescription where title is unnecessary,the capacity for possession is required,because possession is an element common toall kinds of acquisitive prescription.

Art. 1108. Prescription, both acquisitive andextinctive, runs against:(1) Minors and other incapacitated personswho have parents, guardians or other legalrepresentatives;(2) Absentees who have administrators,either appointed by them before theirdisappearance, or appointed by the courts;(3) Persons living abroad, who havemanagers or administrators;(4) Juridical persons, except the State andits subdivisions.Persons who are disqualified fromadministering their property have a right toclaim damages from their legal

representatives whose negligence has beenthe cause of prescription. (1932a)

General rule: A person must have the legalcapacity to acquire property or rights by the otherlegal modes in order that he may acquire the sameby means of prescription. (Art. 1107)

aliens cannot acquire lands by prescription

Rule on minors and other incapacitatedpersons: Minors and other incapacitated persons(even though they dont have capacity to act) mayacquire property or rights by prescription personally

for they have juridical capacity and prescriptiondoes not require consent unlike contracts.2

Note: Infants and insane (persons who have nodiscernment) can acquire prescription only throughtheir parents, guardians, or legal representatives

2Juridical capacity fitness to be the subject of legal relations

(inherent in every natural person and is lost only through death)


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because possession must be under claim ofownership.

Art. 1109. Prescription does not run betweenhusband and wife, even though there be aseparation of property agreed upon in themarriage settlements or by judicial decree.

Neither does prescription run betweenparents and children, during the minority orinsanity of the latter, and between guardian andward during the continuance of theguardianship.

Between Husband and Wife

Reason- influence or affection may oftenprevent one from bringing an action forprescription

There are cases like legal separation when thelaw specifically provides for a period ofprescription between husbands and wives.

Art. 1110. Prescription, acquisitive andextinctive, runs in favor of, or against a marriedwoman. (n)

Against whomprescription runs:(Arts. 1108,1110)

Against whomprescription does not

run:

1.Minors and otherincapacitated personswho have parents,

guardians or otherlegal representatives(Art. 1108)

1. Minors and otherincapacitated personswho DO NOT have

parents, guardians orother legalrepresentatives (Art.1108)

2.Absentees who haveadministrators, eitherappointed by thembefore theirappearance orappointed by thecourts (Art. 1108)

2. Absentees who DONOT have administrators,either appointed by thembefore their appearanceor appointed by thecourts (Art. 1108)

3.Persons living abroad,who have managers oradministrators (Art.1108)

3. Persons living abroad,who do NOT havemanagers oradministrators (Art. 1108)

4.Juridical persons(including state butonly with regard topatrimonial property)(Art. 1108)

4. State and itssubdivisions (only withregard to properties ofpublic dominion) (Art.1108)

5. Married woman (Art.1110)

5. Between husband andwife during the marriageeven though there be aseparation of propertyagreed upon in themarriage settlements orby judicial decree (Art.1109)

6. Between parents and

children during theminority or insanity of thelatter(Art. 1109)

7. Between guardian andward during thecontinuance of theguardianship (Art. 1109)

8. In favor of a co-owneror co-heir against his co-owners or co-heirs aslong as the co-ownershipis recognized (Art.494,par.5)

9. In an action forreconveyance when

plaintiff is in possessionof property to bereconveyed (Art. 523)


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Effect of failure to plead prescription: Failure toplead constitutes waiver of the defense and cannotbe raised for the first time at the trial or on appealGeneral Rule: The issue of prescription is oneinvolving evidentiary matters requiring a full-blowntrial on the merits and cannot be determined in amere motion to dismiss.Exceptions:

1. When the plaintiffs complaint on its face orthe evidence he presented shows clearly thatindeed the action has prescribed at the time itwas filed.2. If, before trial, a party has no means ofknowing that opponents claim has alreadylapsed, prescription as a defense may bepleaded later as soon as the true nature of theclaim is discovered.

Art. 1111. Prescription obtained by a co-

proprietor or a co-owner shall benefit theothers. (1933)

A co-owners possession which is the basisof prescription should benefit not only himselfbut also the other co-owners since in co-ownership, the possession of one is deemedthe possession of other co-owners (Art. 1111)

Under Art. 1111, it is essential that thepossession of the co-owner involves thecommunity property.

Art. 1112. Persons with capacity to alienate

property may renounce prescription alreadyobtained, but not the right to prescribe in thefuture.Prescription is deemed to have been tacitlyrenounced when the renunciation results fromacts which imply the abandonment of the rightacquired. (1935)

Renunciation is Unilateral

The renunciation of prescription is a unilateralact, and does not require the acceptance of theperson to be benefited by it.

Requisites:

1. The person renouncing must have capacityto alienate property (because renunciationinvolves the disposition of property)

2. The renunciation must refer to prescriptionalready obtained (Art.6, NCC: rights maybe waived) but NOT the right to prescribe inthe future (contrary to public order or publicpolicy)

3. It must be made by the owner of the right(hence administrator, executor, agent, etc.cannot renounce unless given SPA)

4. It must not prejudice the rights of creditors(while rights may be waived, it must not beprejudicial to the rights of a third personwith a right recognized by law Art. 6,NCC)

5. The person renouncing must haveknowledge of the existence of the right

Kinds:1. Express2. Implied/Tacit when renunciation results

from acts which imply the abandonment ofthe right acquired.

Where the party acknowledges thecorrectness of the debt and promises to pay itafter the same has prescribed and with fullknowledge of the prescription, he thereby

waives the benefit of prescription.

Note: But simple promise which contains newand positive promise to pay the debt which hasprescribed, such as a promise to pay only one-half or even a part payment, does not amountto a renunciation of prescription.

Renunciation Void

A renunciation of prescription in advance isvoid.

An agreement that the obligation arisingfrom the contract shall not be subject to prescription

is not binding.

Renunciations by Representatives

Only persons with capacity to alienateproperty can renounce prescription alreadyobtained.o Not guardians, executors, administrators

With regard to creditors(Art. 1114):

Notwithstanding the express or tacit renunciationby a person of a prescription already obtained, hiscreditors and all other persons interested in makingthe prescription effective, may stil l plead

prescription for themselves to the extent of theircredit.

Art. 1113. All things which are within thecommerce of men are susceptible ofprescription, unless otherwise provided.Property of the State or any of its subdivisionsnot patrimonial in character shall not be theobject of prescription. (1936a)


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Object of PrescriptionGeneral Rule: All things within the commerce ofmen may be acquired by prescription (Art. 1113)

Things which are not susceptible of beingappropriated cannot be acquired by

prescription3

. (since possession is required inprescription)

property of public dominion and commonthings cannot be acquired by prescription

Res nullius (property without an owner) isacquired by occupation and not by prescriptionbecause prescription presupposes a previousowner.

Exceptions:1. Lands registered under the Torrens system

(Sec.47, PD 1529)2. Properties of spouses, parents and children

and guardians and wards under certainconditions as between themselves(Art.1109)

3. Movables possessed through a crime(Art.1133)

Art. 1114. Creditors and all other personsinterested in making the prescription effectivemay avail themselves thereof notwithstandingthe express or tacit renunciation by the debtoror proprietor. (1937)

Creditors may Plead Prescription

Even if the person bound by the obligation

should renounce such prescription.

But prescription pleased by one creditor

does not inure to the benefit of another creditor.

Art. 1115. The provisions of the present Title areunderstood to be without prejudice to what inthis Code or in special laws is established withrespect to specific cases of prescription. (1938)

3Art. 530: Only things and rights which are susceptible of being

appropriated may be the object of possession.

Art. 1117. Acquisitive prescription of dominion

and other real rights may be ordinary orextraordinary.Ordinary acquisitive prescription requirespossession of things in good faith and with justtitle for the time fixed by law. (1940a)

Requisites of Acquisitive Prescription

Capacity to acquire by prescription

A thing capable by prescription

Possession of the thing under certainconditions

Lapse of time provided by law.

Kinds of Acquisitive Prescription:

1. Ordinary Acquisitive requirespossession of things in good faith and with

just title for the time fixed by law.

2. Extraordinary Acquisitive does not requiregood faith and just time but is fixed for alonger period

Requisites:

Required Period Fixed by Law

Suppose possession begins in good faithbut is later converted to bad faith?

The prescription will be extraordinary butthe possession in good faith shall becomputed in the proportion that the period ofextraordinary prescription bears to that ofordinary prescription.

Example: If the possessor had possessedfor three years in good faith, before his

Prescription of Ownership and OtherReal Rights

ORDINARY EXTRAORDINARY1. Capacity of possessor to acquire by

prescription2. Susceptibility of object to prescription

3. Adverse possession of the characterprescribed by law4. Lapse of time required by law

5. Good faith of possessor

6. Proof of just title

ORDINARY EXTRAORDINARY

movable 4 yrs 8 yrs

immovable 10 yrs 30 yrs


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possession was converted into bad faith, the3 years will be computed as double (6 years).

Art. 1118. Possession has to be in the conceptof an owner, public, peaceful and uninterrupted.(1941)

Art. 1119. Acts of possessory characterexecuted in virtue of license or by meretolerance of the owner shall not be available forthe purposes of possession. (1942)

Possession fundamental basis of prescriptionCharacteristics:

1. Concept of Owner

Where the property was in the adverse,continuous and notorious possession of abuyer in the concept of owner for more thanhalf a century, the claim over such property hasalready prescribed.

Acts of a possessory character which aremerely tolerated by the possessor or which aredue to his license, do not constitutepossession.oLicense- positive act of the owner in favor of

the holder of the thing.oTolerance- passive acquiescence of the

owner to acts being performed by anotherwhich appear to be contrary to the rights ofthe former.

Tenants cannot acquire tenanted lands byprescription, nor can an antichretic creditor theland of his debtor.

2. Publicowhen the acts of enjoyment are executed in

such a manner as to be manifest or visible toall, especially to the person against whom thepossession is being adversely asserted.

o In order for possession to be public, it must

be known to the owner of the thing.

3. Peaceful

It is acquired and maintained without anyviolence, physical or moral.

The possession continues to be peaceful evenif the possessor should use such force as isreasonably necessary to repel or prevent anactual or physical invasion of the property.

4. Uninterrupted

When the possessor has never ceased tomanifest with external acts his intention toexercise a right over the thing, whichpresupposes that he has never in fact ceasedto exercise the right.

Continuity is not understood in an absolute

sense. Possession is uninterrupted is there has been

no acts of deprivation of enjoyment of thethings by a third person, or any other act whichinterrupts prescription.

Interruption is distinct from discontinuity; theformer is a positive act of third person, whilethe latter is a negative act or abstention on thepart of the possessor himself.

Art. 1120. Possession is interrupted for thepurposes of prescription, naturally or civilly.(1943)

Kinds of Interruption of Possession:

1. Natural when through any causeprescription should cease for more than oneyear

2. Civil produced by judicial summons tothe possessor

Effect of Interruption

All the benefits acquired so far from thepossession cease; when the prescription runsagain, it will be an entirely new one.

Distinguishes prescription from suspension of

suspension,oSuspension- past period is included in

computation; old possession is tacked to thenew (example: possession in wartime)

Possession de facto lost if newpossession of another has lasted longerthan 1 year

Real right of possession not lost untilafter the lapse of 10 years.

Art. 1121. Possession is naturally interruptedwhen through any cause it should cease for

more than one year.The old possession is not revived if a newpossession should be exercised by the sameadverse claimant. (1944a)

Art. 1122. If the natural interruption is for onlyone year or less, the time elapsed shall becounted in favor of the prescription. (n)


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Art. 1123. Civil interruption is produced byjudicial summons to the possessor. (1945a)

Art. 1124. Judicial summons shall be deemednot to have been issued and shall not give riseto interruption:

(1) If it should be void for lack of legalsolemnities;(2) If the plaintiff should desist from thecomplaint or should allow theproceedings to lapse;(3) If the possessor should be absolvedfrom the complaint.In all these cases, the period of theinterruption shall be counted for theprescription. (1946a)

Effect of Recovery of Possession

According to Art. 1121-1122, in case of naturalinterruption, the old possession loses all its

juridical effects, and even if the possession ifreacquired, the old possession cannot betacked to the new possession for the purposeof prescription.

But in the case of civil interruption, there isunanimity between the law and thecommentators in the view that if the possessionis recovered, it can be connected to the timethat has elapsed as if it were in fact continuous,the period of interruption is to be counted forthe prescription.

Art. 1125. Any express or tacit recognition

which the possessor may make of the owner'sright also interrupts possession. (1948)

Recognition by the PossessorRule: Any express or implied recognition oracknowledgment which the possessor may makewith regard to the right of owner will also interruptthe continuity of possession.

requisites:1. Recognition must be made by the

possessor himself, or if made by a thirdperson, the recognition must be authorizedor ratified by the possessor

2. Recognition must be valid and efficaciousin law

When the act of recognition wasobtained through violence, intimidationfraud, or any other cause which vitiatesconsent, it will not interrupt possession.

3. Recognition must have been made beforeprescription has already been obtained.

Art. 1126. Against a title recorded in theRegistry of Property, ordinary prescription ofownership or real rights shall not take place tothe prejudice of a third person, except in virtueof another title also recorded; and the time shallbegin to run from the recording of the latter.

As to lands registered under the LandRegistration Act, the provisions of that speciallaw shall govern. (1949a)

Recorded Titles as to Third Persons

Owner of the thing at the beginning ofprescriptive period is not considered as a thirdperson within the meaning of this rule.

Those who acquire their right subsequently,relying on the registration of ownership in theregistry, must be considered as third persons,and they cannot be prejudiced by the period ofpossession prior to the date of their acquisition.oBut such person must have acquired under

the following conditions

That the acquisition is by onerous title.

That the acquisition is from one who,according to the Registry, can transmit title.

That the acquisition is registered.

That such third person has no knowledge ofthe prescription.

While registered owner who executed the titlewhich is the basis for prescription, is notconsidered a third person, he is however

regarded as a third person with respect to thetitle executed by another who is not theregistered owner.

When the title of the first transferee is notregistered, a subsequent transferee of real rightover the things is considered as a third personif his title is recorded.

Registered Lands

Adverse possession not allowed to defeat theowners right to possession of land registeredunder the Torrens system.

Prescription not allowed against owners ofhereditary successors because the lattermerely step into the shoes of the decedent andare merely the continuation of their predecessor in interest.

Laches as regards registered property

Even a registered owner may be barredfrom recovering possession of property byvirtue of laches.


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Where, however, the claim was filed withinthe statutory period of prescription, recoverytherefor cannot be barred by laches.

Art. 1127. The good faith of the possessorconsists in the reasonable belief that the person

from whom he received the thing was the ownerthereof, and could transmit his ownership.(1950a)

Art. 1128. The conditions of good faith requiredfor possession in Articles 526, 527, 528, and 529of this Code are likewise necessary for thedetermination of good faith in the prescriptionof ownership and other real rights. (1951)

A prescriptive title of real estate is not acquiredby mere possession. Under the claim ofownership, for a period of ten years, unless itwas originally acquired With just title and goodfaith.

Good faith of possessorRequisites:

1. Possessor believed that the person fromwhom he received the thing was the ownerthereof2. He believed that said person could transmithis ownership3. His belief has a reasonable basis

Good faith requires a well founded beliefthat the person from whom title was

received was himself the owner of the land,with the right to convey. And unless thecontrary is shown, the possessor of theland must be presumed to be in good faith.

To be in good faith, the possessor mustbelieve that the title for his acquisition issufficient; it is not enough that he knows ofno defect in it.

Good faith must exist not only at thebeginning of the possession but throughoutthe entire period required for prescription.

Donation: Donee (possessor) must have awell-founded belief that the donor was theowner of the property donated and had thecapacity to donate the same.

Art. 1129. For the purposes of prescription,there is just title when the adverse claimantcame into possession of the property throughone of the modes recognized by law for theacquisition of ownership or other real rights,

but the grantor was not the owner or could nottransmit any right. (n)

Art. 1130. The title for prescription must be trueand valid. (1953)Art. 1131. For the purposes of prescription, justtitle must be proved; it is never presumed.(1954a)


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For purposes of prescription the title of thepossessor must be just, true, valid and proved.

Just Title

An act which has for its purpose the

transmission of ownership, and which wouldhave actually transferred ownership if thegrantor had been the owner. This vice or defectis the one cured by prescription.

These do not constitute a title:oLease of things

oLoan

oDeposit

oAll contracts which do not transmit property

rightsoPartition

oCompromise

oCourt decisions which are all declaratory but

do not transmit them.

True Title

To be true, the title must exist actually, and notmerely in the mind of the possessor.

A legally non-existent title is without value.

A simulated title is without valueoBut where it is only relative simulation, the

true title hidden behind the fictitious one willsuffice.

oSimulated title- conceals a prohibited act,

cannot serve as a basis for prescription.

False title- one which does not exist but is

actually believed by the possessor to exist.oMay or may not be sufficient. (depends if error

in fact or law)

If the mistake of fact refers to an act of athird person, the title is sufficient forprescription.

If it refers to an act of the possessorhimself, is not s sufficient.

If the error of law refers to the validity of theact, title is not adequate.

If it refers to a fact in the application of arule of law, there will be an adequate title.

Revocable title- one in which the transferor hasmade a reservation by virtue of which the rightof the possessor may disappear, cannot serveas a basis for prescription.

Once reservation become ineffective, theperiod that has un can be counted forprescription.o i.e. a sale with right to repurchase.

Valid title

void title is insufficient

voidable is sufficient so long as it has not beenannulledocan be basis of ordinary prescription.

Title is subject to suspensive conditionoPeriod of prescription begins to run from the

fulfillment of the condition Title subject to resolutory conditionoPeriod begins at once, without prejudice to

the effect of the resolution by the conditionwhich may later happen.

Title Must Be Proved

Exception to general rule embodied in article541, which presumes a just title for everypossessor in the concept of the owner.

Article 541 refers only to an existing fact, that ofpossession, article 1131 refers to acquisition ofthe right of ownership and therefore demands

grater guaranty to the existence of a title. When a possession is asserted to convert itself

to ownership, a new right is sought to becreated, and the law becomes more exactingand requires proof of title.

Art. 1132. The ownership of movablesprescribes through uninterrupted possessionfor four years in good faith.The ownership of personal property alsoprescribes through uninterrupted possessionfor eight years, without need of any othercondition.

With regard to the right of the owner to recoverpersonal property lost or of which he has beenillegally deprived, as well as with respect tomovables acquired in a public sale, fair, ormarket, or from a merchant's store theprovisions of Articles 559 and 1505 of this Codeshall be observed. (1955a)

Art. 1133. Movables possessed through a crimecan never be acquired through prescription bythe offender. (1956a)

Art. 1134. Ownership and other real rights overimmovable property are acquired by ordinaryprescription through possession of ten years.(1957a)

Art. 1135. In case the adverse claimantpossesses by mistake an area greater, or lessthan that expressed in his title, prescriptionshall be based on the possession. (n)


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Constructive Possession

Possession upon which a prescription is based,not limited to the area actually occupied, butcovers the area over which possession isasserted.

Therefore, the are referred to by the present

article as possessed by mistake, must bedeemed to include not only that actually andphysically occupied but also everything underconstructive possession.

Doctrine of constructive possession applieswhen the possession is under title calling forthe whole. The actual possession of part of theproperty is deemed to extend the whole, asshown by the limits and boundaries describedin the title.

The actual possession of a part of the propertymay be through a tenant. The doctrine ofconstructive possession, however, does notapply where the possession is without title.

Art. 1136. Possession in wartime, when the civilcourts are not open, shall not be counted infavor of the adverse claimant.

Art. 1137. Ownership and other real rights overimmovables also prescribe throughuninterrupted adverse possession thereof forthirty years, without need of title or of goodfaith. (1959a)

When Title Void

Even when the title of the possessor is voidsuch as an oral donation of real property, hemay acquire ownership by prescription underthe provisions of this article.

Art. 1138. In the computation of time necessaryfor prescription the following rules shall beobserved:

(1) The present possessor maycomplete the period necessary forprescription by tacking his possessionto that of his grantor or predecessor ininterest;(2) It is presumed that the present

possessor who was also the possessorat a previous time, has continued to bein possession during the interveningtime, unless there is proof to thecontrary;(3) The first day shall be excluded andthe last day included. (1960a)

Tacking of Possession

In order that there must be no tacking ofpossession, the present possessor must haveobtained his possession from the previousowner. There must be privity between them.Tacking is possible only when there is asuccession of rights between the predecessor

and the successor.A mere usurper cannot invoke the possession

of any previous possessor.

Different Character of Possession

Where predecessor is in good faith, whilesuccessor is in bad faithoExtra-ordinary prescription

Tacking of possession should be permitted.

Period should be computed in the samemanner as where the character of thepossession of the person changes while theperiod is running. That is the period of

possession in good faith should becomputed in the proportion that the period ofextraordinary prescription bears to that ofordinary prescription.

Predecessor in bad faith, successor in goodfaith

Present possessor can claim under ordinaryprescription but in this case the possession ofthe predecessor cannot be counted.

Follows the principle stated in article 534:oOne who succeeds by hereditary title shall not

suffer the consequences of the wrongfulpossession of the decedent, if it is not shown

that he was aware of the flaws affecting it; butthe effects of possession in good faith shallnot benefit him except from the date of deathof the decedent.

Applied also to transfers of possession byact inter vivos.

oThe present possessor however should not

be limited to ordinary prescription. The periodof possession of the predecessor, although inbad faith, may have been so long that it wouldbe beneficial to the present possessor toclaim extraordinary prescription by tacking theprevious to his own possession. There is no

legal obstacle to this.


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Prescription of ActionsConcept of Prescription of Actions

Prescription of action/limitation of action- thetime within which an action may be brought or

some act done to preserve the right. Legal and not natural cause of the

extinguishment of obligations.

Statutes of limitationsoacts limiting the time within which actions

shall be brought. Statutes of limitation do notconfer any right of action, but are enacted torestrict the period within which the right,otherwise limited, might be asserted.

oStatues of repose, the object of which is to

suppress fraudulent and stale claims fromspringing up at great distances of time andsurprising the parties of their representatives

when all the proper vouchers and evidencesare lost or the facts have become obscurefrom the lapse of time of the defectivememory of death or removal of witnesses.

oNot substantive right but only a matter of

defense.

Purpose- protect the diligent and vigilant, notthose who sleep on their rights.

Prescription and laches

Laches and prescription are independent fromeach other.

Prescription Laches

Concerned with theeffect of delay

Is a matter of time Principally a question ofinequity of permitting aclaim to be enforced,this inequity beingfounded on somechange of condition ofthe property of relationof the parties

Statutory Not statutory

Applies to law Applies to equity

Art. 1139. Actions prescribe by the merelapse of time fixed by law. (1961)

Leap Year in PeriodoFebruary 28 and 29 should be counted as

separate days, not as one day.

Effect of Lapse of Time

Extinguishes the action.

But there is no extinctive prescription unlessthe period provided by law expires.

Mere delay in the enforcement of a claim doesnot result in any reduction or loss of right,unless the full period required by law forprescription has expired.

Prescription to be Pleaded

Obligation subsists until he avails himselfthereof, the courts of justice cannot supply thedefense if the debtor himself does not do so.

Right to prescription may be waived orrenounced.

Deemed waived- not timely raised or pleadedbefore or during the hearing of the case.

It has been held that even if not pleaded, if it isapparent on the face of the complaint, it may befavorably considered, even after evidence isadduced.

Art. 1140. Actions to recover movables shallprescribe eight years from the time thepossession thereof is lost, unless thepossessor has acquired the ownership byprescription for a less period, according toArticles 1132, and without prejudice to theprovisions of Articles 559, 1505, and 1133.(1962a)

Art. 1141. Real actions over immovablesprescribe after thirty years.

This provision is without prejudice to what isestablished for the acquisition of ownershipand other real rights by prescription. (1963)

Action Affecting RealtyArt. 1140. Actions to recover movables shallprescribe eight years from the time thepossession thereof is lost, unless thepossessor has acquired the ownership byprescription for a less period, according toArticles 1132, and without prejudice to theprovisions of Articles 559, 1505, and 1133.(1962a)

Art. 1141. Real actions over immovablesprescribe after thirty years.

This provision is without prejudice to what isestablished for the acquisition of ownershipand other real rights by prescription. (1963)

Action Affecting Realty


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While an action for reformation of instrument,such as contract of sale with pacto de retroalleged to be merely an equitable mortgage, isan action based upon a written contract whichmust be brought within 10 years from the timethe right accrues, where, however, the accrual

of such right could not be established it is morelogical to apply Article 1141 because in realitythe action seeks to reassert ones title ofownership over the real property, not to recoverthe same.

Art. 1142. A mortgage action prescribes afterten years. (1964a)

Not imprescriptible

The fact that a mortgage is registered does notmake the action to foreclose it imprescriptible.

Effect of Interest

If the action to recover the mortgage debt itselfhas prescribed, the action to recover theinterest must also be prescribed.

Art. 1143. The following rights, among othersspecified elsewhere in this Code, are notextinguished by prescription:

(1) To demand a right of way, regulatedin Article 649;(2) To bring an action to abate a publicor private nuisance. (n)

Imprescriptible between Heirs and Co-HeirsArticle 494- no prescription shall run in favor of

a co-owner or co-heir so long as he expresslyor impliedly recognize the ownership.

Applies only so long as it is admitted andpresumed that the co-ownership exists.

Cannot be invokes when one of the co-ownersor co-heirs has possessed the property asexclusive owner for a period sufficient toacquire the property by prescription.

Other Imprescriptible Action

Action by the government or government entity

An action for mandamusAn action to enforce an express trust

An action to quiet the title to property in onespossession

An action or defense to declare a contract orjudgment void ab initio

Action of the registered owner to recover hisland

Art. 1144. The following actions must bebrought within ten years from the time the rightof action accrues:

(1) Upon a written contract;(2) Upon an obligation created by law;(3) Upon a judgment. (n)

Implied Trust

When the property is registered in anothersname, an implied or constructive trust iscreated by the law in favour of the true owner.The action for reconveyance of the title to therightful owner prescribes in ten years from theissuance of the title.

But if fraud has been committed and is thebasis for action, not implied trust, the action willbe barred after four years.

Art. 1145. The following actions must becommenced within six years:

(1) Upon an oral contract;(2) Upon a quasi-contract. (n)

Art. 1146. The following actions must beinstituted within four years:

(1) Upon an injury to the rights of theplaintiff;(2) Upon a quasi-delict;

However, when the action arises from or out ofany act, activity, or conduct of any public officerinvolving the exercise of powers or authorityarising from Martial Law including the arrest,

detention and/or trial of the plaintiff, the samemust be brought within one (1) year. (Asamended by PD No. 1755, Dec. 24, 1980.)

Injury to Rights

One year period for petition for quo warranto-does not apply where the plaintiff is separatedfrom his employment for unjustifiable causes.Such unjustified separation from employment isan injury to the rights of the plaintiff and theaction may be brought within four years underthis Article.

Action to Fraud

Prescribes in four years from the discovery ofthe fraud

Quasi-delict

Four years


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Art. 1147. The following actions must be filedwithin one year:

(1) For forcible entry and detainer;(2) For defamation. (n)

Art. 1148. The limitations of action mentioned inArticles 1140 to 1142, and 1144 to 1147 arewithout prejudice to those specified in otherparts of this Code, in the Code of Commerce,and in special laws. (n)Art. 1149. All other actions whose periods arenot fixed in this Code or in other laws must bebrought within five years from the time the rightof action accrues. (n)

Right to Collect taxes

Not presumed in the absence of clearlegislation to the contrary, and where thegovernment has not by express statutoryprovision provided a limitation upon its right toassess unpaid taxes, such right is

imprescriptible.

Art. 1150. The time for prescription for all kindsof actions, when there is no special provisionwhich ordains otherwise, shall be counted fromthe day they may be brought. (1969)

Time From Which Period is Computed

In case where there is no special provision forsuch a computation, recourse must be had tothe rule that the period must be counted fromthe day on which the corresponding actioncould have been instituted. It is the legal

possibility of bringing the action whichdetermined the starting point for thecomputation of the period. The period shouldnot be made to retroact the date of theexecution of the contract.

Accrual of Cause of Action

Cause of action- arises when that which shouldhave been done is not done or that whichshould not have been done is done.

Essential elements of a good cause-oExistence of legal right in a plaintiff

oWith a corresponding legal duty in the

defendantoViolation or breach of that right or duty with

consequential injury or damage to the plaintiff,for which he may maintain an action forappropriate relief.

The moment the breach of right or duty occurs,then the right of action accrues, thereforeperiod of prescription begins to run.

When a contract provides for the payment ofmoney within a year, with the privilege ofextension for another year at the option of thecreditor, a delay by the debtor, or the failure ofthe creditor to insist upon payment, does notimport a tacit renewal, and prescription will run

from the end of the first year. When action is based on fraud or deceit, the

period of prescription will begin to run on thedate of the discovery of the fraud or deceit.

Quasi-delict- the prescriptive period starts fromthe day the quasi delict occurred or wascommitted.

Action is for partition and reconveyance basedon implied or constructive trust- time beginsfrom the date of the issuance of the originalcertificate of title.

Right of the nearest relative to question thevalidity of a purported will or donation mortis

causa does not commence until a third personclaims a right under such instrument where inthe meantime the intestate heir has been inpossession of the properties and there was nooccasion to seek judicial annulment of theinstrument.

Action to set aside a simulated written deed orpacto de retro sale- starts only when thealleged vendeed made known their intention byovert acts not to abide by the true agreement,and not from the date of the execution of thecontract.

Art. 1151. The time for the prescription ofactions which have for their object theenforcement of obligations to pay principal withinterest or annuity runs from the last paymentof the annuity or of the interest. (1970a)

Obligations With Interest

Applicable only to cases where the principaldebt is already due.

If payment is not yet due, prescription willcommence only after the maturity of debt.

Existence of a past debt due mortgage wasrecognized by payments of interest,prescription ran only from the past payment ofinterest.

Art. 1152. The period for prescription ofactions to demand the fulfillment ofobligation declared by a judgmentcommences from the time the judgmentbecame final. (1971)

When Judgment becomes Final


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Trial court- upon expiration for period to appeal

SC, CA- the true judgment is that entered bythe clerk of court pursuant to the dispositivepart of its decision, and the period ofprescription is, therefore, computed from thedate such judgment is entered. The period is

ten years

Art. 1153. The period for prescription of actionsto demand accounting runs from the day thepersons who should render the same cease intheir functions.The period for the action arising from the resultof the accounting runs from the date when saidresult was recognized by agreement of theinterested parties. (1972)

Action to Compel Accounting (joint account)

Begins to run from the date of the retirement ofthe members from whom accounting isdemanded. It begins to run from the dissolutionof a partnership when the final accounting isdone.

Current Accounts

Begins to run from the date of each particularterm

Prescriptive period- 10 years

Accounting has been made between the partiesin their current account dealings- right of actionaccrues and the period of prescription begins torun, on the date when the last balance wasstruck, and not when the business relationsterminated.

Art. 1154. The period during which the obligeewas prevented by a fortuitous event fromenforcing his right is not reckoned against him.(n)

Suspension During War

Suspended by war or insurrection only whenthe regular course of justice is interrupted tosuch extent that courts cannot be kept openand are not within the reach of the people.

Courts are functioning- prescription is not

suspended

Effect of the Destruction of Judicial records

Cease to run, only begin to run again on thedate when the parties or counsel shall havereceived notice to the effect that the recordshave been reconstituted.

Art. 1155. The prescription of actions isinterrupted when they are filed before the court,when there is a written extrajudicial demand bythe creditors, and when there is any writtenacknowledgment of the debt by the debtor.(1973a)

Filing Action in Court

Interrupts extinctive prescription as to theparties defendants therein,.

Filing motion for reconsideration- continues thesuspension of the running of prescriptionperiod, which runs again after the courtproceedings have finally been terminated.

When the prescription is interrupted by ajudicial demand, the full period for theprescription must be reckoned from thecessation of the interruption.

No Suspension

Although an action is started within aprescriptive period, if the plaintiff desists in theprosecution or judgment is unconditionallystayed for one reason or another, the runningof the period of limitations is not suspended,The parties are left in exactly the same positionas if no action had been commenced at all.

Amendment to the complaint- equivalent to afresh suit upon a new cause of action and thestatute of limitation continues to run until theamendment is filed.

Written Extra-Judicial Demand

Running of prescription period should beinterrupted when a demand is made by thecreditor upon the debtor before the lapse of theperiod fixed by law.oBurden of proof is on the creditor.

Written Acknowledgment of Debt

In extinctive prescription, the interruptionthrough the acknowledgment of debt of thecreditors right can only take place when suchacknowledgment is in writing.

It can be implied therefrom, but it must be inwriting

The acknowledgment must be such as to applyto a particular and specific debt to interruptprescription.

Acknowledgment can be made by a legalrepresentative.

The acknowledgment of debt before period ofprescription will interrupt the expiration of theperiod of prescription, but a mereacknowledgment of the obligation after it has


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already prescribed is not sufficient to renew theperiod of prescription.

If the period has already expired, there must bea renunciation of the prescription alreadyacquired, in order action may be acquired.oMere acknowledgment of debt does not

constitute renunciation of prescription alreadyacquired.

By acknowledgment of debt, the debtor mayrenew the obligation and interrupt theprescription so as to make it run only from thedate of the acknowledgment.

Other Causes that Do Not Interrupt Period

Debt of a debtor

Transfer of right to another person

Institution of criminal action

Order to stay execution of a judgment

Confinement in jail

Extinction of debt of one of the various jointdebtors


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SUMMARY: Rights not extinguished by prescription:1. Right of way2. Action to abate a public or privatenuisance

The period during which the obligee wasprevented by a fortuitous event fromenforcing his right is not reckoned againsthim.

When period of prescription ofactions is interrupted:1. When they are filed before the court2. When there is a written extrajudicial

demand by the creditors3. When there is any written

acknowledgment of the debt by thedebtor

Movable Immovable

Action torecover

8 yrs from thetimepossession is

lost

30 yrs

Mortgageaction

10 years

All otheractions whoseperiods arenot fixed in theCode

Within 5 yrs from the time theright of action accrues

Action upon awrittencontract

10 years

Action uponan obligation

created by lawAction upon ajudgment

Action uponan oralcontract

6 years

Action upon aquasi-contract

Action uponan injury tothe rights ofthe plaintiff

4 years

Action upon a

quasi-delictForcible entryand detainer

1 year

Defamation

Reckoning Point ofComputation of Period

of Prescription

When there is nospecial provisionwhich ordains thetime for prescriptionforall kinds ofaction

from the day they may be

brought

Actions which havefor their object theenforcement of

obligations to payprincipal withinterest or annuity

from the last payment of

the annuity or of the

interest

Actions to demandfulfillment ofobligations declaredby a judgment

From the time judgmentbecame final

Actions to demandaccounting

From the day thepersons who shouldrender the same cease intheir functions

Action arising fromthe result of theaccounting

From the date when saidresult was recognized byagreement of theinterested parties

prescription property

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