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BOOK III ➢ Persons who are disqualified from administering their property

○ Have a right to claim damages from their legal


DIFFERENT MODES OF ACQUIRING OWNERSHIP representatives
 Whose negligence has been the cause of
Title V. - PRESCRIPTION prescription. (1932a)

CHAPTER 1 ARTICLE 1109 TO WHOM PRESCRIPTION DOES NOT RUN AGAINST


GENERAL PROVISIONS ➢ Prescription does not run between husband and wife,
○ EVEN THOUGH there be a separation of property agreed
ARTICLE 1106 RIGHTS ARE ACQUIRED OR LOST THROUGH
upon in the marriage settlements or by judicial decree.
PRESCRIPTION
➢ NEITHER does prescription run between parents and children,
➢ By Prescription,
○ During the minority or insanity of the latter,
○ One acquires ownership
➢ AND between guardian and ward
○ AND other real rights
 Through the lapse of time ○ During the continuance of the guardianship. (n)
 In the manner and under the conditions laid down
by law. ARTICLE 1110 PRESCRIPTION AFFECTS A MARRIED WOMAN
➢ Prescription, acquisitive and extinctive,
➢ In the same way, rights and conditions are lost by prescription.
(1930a) ○ Runs in favor of OR against a married woman. (n)

ARTICLE 1107 WHO MAY ACQUIRE RIGHTS THROUGH ARTICLE 1111 PRESCRIPTION ACQUIRED BY A CO-OWNER
PRESCRIPTION BENEFITS THE OTHERS
➢ Persons who are capable of acquiring property or rights ➢ Prescription obtained by a co-proprietor
○ By the other legal modes ○ OR a co-owner
○ MAY acquire the same by means of prescription.  SHALL benefit the others. (1933)
➢ Minors and other incapacitated persons may acquire property or ARTICLE 1112 RENUNCIATION OF PRESCRIPTION
rights by prescription, ➢ Persons with capacity to alienate property
○ Either personally ○ MAY renounce prescription already obtained,
○ OR through their parents, guardians or legal ○ BUT NOT the right to prescribe in the future.
representatives. (1931a) ➢ Prescription is deemed to have been tacitly renounced
○ WHEN the renunciation results from acts
ARTICLE 1108 AGAINST WHOM PRESCRIPTION RUNS  Which Imply the abandonment of the right
➢ Prescription, both acquisitive and extinctive, runs against: acquired. (1935)
1) Minors and other incapacitated persons
ARTICLE 1113 OBJECTS SUSCEPTIBLE AND NOT SUSCEPTIBLE TO
 Who have parents, guardians or other legal PRESCRIPTION
representatives;
➢ All things which are within the commerce of men are susceptible of
1) Absentees who have administrators,
prescription,
 Either appointed by them before their
○ UNLESS otherwise provided.
disappearance,
➢ Property of the State or any of its subdivisions
 OR appointed by the courts; ○ NOT patrimonial in character
1) Persons living abroad,
 Who have managers or administrators; ○ SHALL NOT be the object of prescription. (1936a)
1) Juridical persons,
 EXCEPT the State and its subdivisions.
ARTICLE 1114 CREDITORS AND INTEREST ○ In the CONCEPT OF AN OWNER,
PARTIES MAY MAKE THE PRESCRIPTION
EFFECTIVE
○ Public,
➢ Creditors AND all other persons interested in making the ○ Peaceful
prescription effective ○ AND Uninterrupted. (1941)
○ MAY avail themselves thereof
○ NOTWITHSTANDING the express or tacit renunciation by ARTICLE 1119 MERE TOLERANCE IS NOT POSSESSION
the debtor or proprietor. (1937) ➢ Acts of Possessory character
○ Executed in virtue of license
ARTICLE 1115 SPECIAL LAWS PROVIDING ○ OR by mere tolerance of the owner
FOR SPECIFIC PRESCRIPTION ARE  SHALL NOT be available for the purposes of
RESPECTED possession. (1942)
➢ The provisions of the present Title are understood to be without
prejudice to what in this Code or in special laws is established ARTICLE 1120 NATURAL OR CIVIL INTERRUPTION
○ with respect to specific cases of prescription. (1938) ➢ Possession is interrupted
○ For the purposes of prescription,
ARTICLE 1116 PRESCRIPTION BEFORE THE CODE ○ Naturally or Civilly. (1943)
➢ Prescription already running before the effectivity of this Code shall
be governed by laws previously in force; ARTICLE 1121 NATURAL INTERRUPTION /
○ BUT if since the time this Code took effect NON-REVIVAL OF OLD POSSESSION AFTER
 The entire period herein required for prescription INTERRUPTION
should elapse, ➢ Possession is naturally interrupted
• The present Code shall be applicable, ○ When through ANY CAUSE
• EVEN THOUGH by the former laws a ○ It should cease for more than one year.
longer period might be required. (1939) ➢ The old possession is NOT revived
○ IF a new possession should be exercised
○ By the same adverse claimant. (1944a)
CHAPTER 2
PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS ARTICLE 1122 INTERRUPTION FOR ONLY ONE YEAR OR LESS
➢ If the natural interruption is for only one year or less,
ARTICLE 1117 ORDINARY AND ○ The time elapsed SHALL BE counted in favor of the
EXTRAORDINARY PRESCRIPTION / GOOD prescription. (n)
FAITH AND JUST TITLE
➢ Aquisitive prescription of dominion ARTICLE 1123 INTERRUPTION BY SUMMONS
○ AND other real rights ➢ Civil interruption is produced by judicial summons to the possessor.
○ MAY be ordinary or extraordinary. (1945a)
➢ Ordinary acquisitive prescription
ARTICLE 1124 EXCEPTIONS
○ Requires possession of things in GOOD FAITH
➢ Judicial summons shall be deemed not to have been issued and
○ AND with JUST TITLE for the time fixed by law. (1940a) shall not give rise to interruption:
1) If it should be void for lack of legal solemnities;
ARTICLE 1118 REQUIREMENTS FOR POSSESSION
➢ Possession has to be: 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. ARTICLE 1130 TITLE MUST BE TRUE AND VALID
➢ In all these cases, the period of the interruption shall be counted for ➢ The Title for prescription must be TRUE and VALID. (1953)
the prescription. (1946a)
ARTICLE 1131 JUST TITLE MUST BE PROVED
ARTICLE 1125 EXPRESS OR TACIT RECOGNITION AS ➢ For the purposes of prescription,
INTERRUPTION ○ Just Title must be proved;
➢ Any express or tacit recognition ○ It is NEVER PRESUMED. (1954a)
○ Which the possessor MAY make of the owner's right
 ALSO interrupts possession. (1948) ARTICLE 1132 PRESCRIPTIVE PERIODS FOR MOVALES AND
PERSONAL PROPERTY
ARTICLE 1126 RULES ON REGISTERED PROPERTY ➢ The ownership of MOVABLES prescribes through
➢ Against a title recorded in the Registry of Property, ○ uninterrupted possession for FOUR YEARS
○ Ordinary prescription of ownership or real rights ○ In good faith.
 SHALL NOT take place to the prejudice of a third ➢ The ownership of PERSONAL PROPERTY also prescribes through
person, ○ uninterrupted possession for EIGHT YEARS,
• EXCEPT in virtue of another title also
recorded;
○ Without need of any other condition.
➢ With regard to the right of the owner to recover personal property
• AND the time shall begin to run from the lost
recording of the latter. ○ OR of which he has been illegally deprived,
➢ As to lands registered under the Land Registration Act,
○ The provisions of that special law shall govern. (1949a) ○ AS WELL as with respect to Movables acquired in a
public sale, fair, or market, or from a merchant's store
ARTICLE 1127 DEFINITION OF GOOD FAITH  the provisions of Articles 559 and 1505 of this
➢ The GOOD FAITH of the possessor consists in the reasonable Code shall be observed. (1955a)
belief that the person from whom he received the thing was the
ARTICLE 1133 MOVABLES POSSESSED
owner thereof, and could transmit his ownership. (1950a)
THROUGH A CRIME CANNOT BE ACQUIRED
THROUGH PRESCRIPTION
ARTICLE 1128 GOOD FAITH NEEDED
➢ Movables possessed through a crime
➢ The conditions of good faith required for possession in Articles 526,
527, 528, and 529 of this Code ○ CAN NEVER be acquired through prescription by the
○ are likewise necessary for the determination of good faith offender. (1956a)
in the prescription of ownership and other real rights.
ARTICLE 1134 IMMOVABLE PROPERTY - 10 YEARS
(1951)
➢ Ownership and other real rights over IMMOVABLE PROPERTY
ARTICLE 1129 DEFINITION OF JUST TITLE ○ Are acquired by ordinary prescription through possession
➢ For the purposes of prescription, of TEN YEARS. (1957a)
○ There is JUST TITLE when the adverse claimant came
ARTICLE 1135 AREA LESS OR GREATER THAN IN TITLE
into possession of the property
➢ In case the adverse claimant possesses by mistake an area
 Through one of the modes recognized by law for
greater,
the acquisition of ownership or other real rights,
○ OR less than that expressed in his title,
 BUT the grantor was not the owner or could not  Prescription shall be based on the possession.
transmit any right. (n)
(n)
ARTICLE 1136 PRESCRIPTION DURING WARTIME WHEN THE CIVIL Immovables 10 Years 30 Years
COURTS ARE OPEN
➢ Possession in wartime,
○ When the civil courts are not open,
○ SHALL NOT be counted in favor of the adverse claimant. CHAPTER 3
PRESCRIPTION OF ACTIONS
ARTICLE 1137 IMMOVABLES – 30 YEARS, EXTRAORDINARY
PRESCRIPTION ARTICLE 1139 ACTIONS PRESCRIBE
➢ Ownership and other real rights over immovables ➢ Actions prescribe by the mere lapse of time fixed by law. (1961)
○ ALSO prescribe through uninterrupted adverse
possession thereof for thirty years, ARTICLE 1140 ACTION TO RECOVER MOVABLES  8 YEARS
○ Without need of title or of good faith. (1959a) ➢ Actions to Recover Movables
○ SHALL prescribe 8 YEARS from the time the possession
thereof is lost,
ARTICLE 1138 TACKING, PRESUMPTION
○ UNLESS the possessor has acquired the ownership by
OF CONTINUOUS POSSESSION, FIRST DAY-
LAST DAY RULE prescription for a less period,
 according to Articles 1132,
➢ In the computation of time necessary for prescription the following
 AND without prejudice to the provisions of
rules shall be observed:
1) The present possessor may complete the period Articles 559, 1505, and 1133. (1962a)
necessary for prescription
ARTICLE 1141 ACTIONS OVER IMMOVABLES  30 YEARS
 By tacking his possession to that of his grantor or ➢ Real actions over immovables
predecessor in interest;
1) It is presumed that the present possessor who was also ○ Prescribe after 30 YEARS.
the possessor at a previous time, ➢ This provision is without prejudice to what is established for the
 Has continued to be in possession during the acquisition of ownership and other real rights by prescription.
intervening time, (1963)
 UNLESS there is proof to the contrary;
1) The first day shall be excluded and the last day included. ARTICLE 1142 MORTGAGE  10 YEARS
(1960a) ➢ A mortgage action prescribes after ten years. (1964a)
ARTICLE 1143 NO PRESCRIPTION  RIGHT OF WAY,
ACQUISITIVE PRESCRIPTION ABATEMENT OF PUBLIC / PRIVATE
OBJECT ORDINARY EXTRAORDINARY NUISANCE
PRESCRIPTION PRESCRIPTION ➢ The following rights, among others specified elsewhere in this
(Good Faith + Just (Mere Possession) Code, are not extinguished by prescription:
Title)
Movables / Personal 4 Years 8 Years
1) To demand a right of way, regulated in Article
649;
Property
2) To bring an action to abate a public or private
Movables Acquired Cannot be acquired Cannot be acquired nuisance. (n)
through a crime through prescription through prescription
➢ Exception: if it is ARTICLE 1144 WRITTEN CONTRACT, LAW, JUDGMENT  10 YEARS
transferred to a ➢ The following actions must be brought within TEN YEARS from the
3rd party, it will
time the right of action accrues:
prescribe
1) Upon a written contract; ARTICLE 1150 ALL OTHER ACTIONS  WHEN TO START
COUNTING
2) Upon an obligation created by law; ➢ The time for prescription for all kinds of actions,
3) Upon a judgment. (n) ○ When there is no special provision which ordains
otherwise,
ARTICLE 1145 ORAL CONTRACT, QUASI-CONTRACT  6 YEARS ○ SHALL BE counted from the day they may be brought.
➢ The following actions must be commenced within SIX YEARS: (1969)
1) Upon an oral contract;
2) Upon a quasi-contract. (n) ARTICLE 1151 INTEREST, ANNUITY  FROM THE LAST PAYMENT
➢ The time for the prescription of actions
ARTICLE 1146 INJURY TO RIGHTS, QUASI-DELICT  4 ○ WHICH have for their object the enforcement of
YEARS; MARTIAL LAW obligations to pay principal with interest or annuity
POWERS  1 YEAR  Runs from the last payment of the annuity or of
➢ The following actions must be instituted within FOUR YEARS: the interest. (1970a)
1) Upon an injury to the rights of the plaintiff; ARTICLE 1152 DEMAND FULFILLMENT OF A JUDGMENT 
2) Upon a quasi-delict; FROM THE TIME THE JUDGMENT BECOMES
➢ HOWEVER, when the action arises from or out of any act, activity, FINAL
or conduct ➢ The period for prescription of actions to demand the fulfillment of
○ Of any public officer involving the exercise of powers or obligation declared by a judgment
authority arising from Martial Law ○ Commences from the time the judgment became final.
○ Including the arrest, detention and/or trial of the plaintiff, (1971)
 The same must be brought within one (1) year.
(As amended by PD No. 1755, Dec. 24, 1980.) ARTICLE 1153 ACCOUNTING RULES
➢ The period for prescription of actions to demand accounting
ARTICLE 1147 FORCIBLE ENTRY AND DETAINER, DEFAMATION  ○ Runs from the day the persons who should render the
1 YEAR same cease in their functions.
➢ The following actions must be filed within ONE YEAR: ➢ The period for the action arising from the result of the accounting
1) For forcible entry and detainer; ○ Runs from the date when said result was recognized
2) For defamation. (n) ○ By agreement of the interested parties. (1972)
ARTICLE 1148 APPLICABILITY OF THE CODE OF COMMERCE AND ARTICLE 1154 NO COUNTING DURING FORTUITOUS EVENT
OTHER SPECIAL LAWS ➢ The period during which the obligee was prevented by a
➢ The limitations of action mentioned in Articles 1140 to 1142, and FORTUITOUS EVENT from enforcing his right is not reckoned
1144 to 1147 are without prejudice to those specified in other parts against him. (n)
of this Code, in the Code of Commerce, and in special laws. (n)
ARTICLE 1155 INTERRUPTED BY FILING, DEMAND, AND
ARTICLE 1149 ALL OTHER ACTIONS  5 YEARS ACKNOWLEDGEMENT
➢ All other actions whose periods are not fixed in this Code or in ➢ The prescription of actions is interrupted:
other laws ○ When they are filed before the court,
○ Must be brought within 5 YEARS from the time the right of ○ When there is a written extrajudicial demand by the
action accrues. (n) creditors,
○ AND when there is any written acknowledgment of the 1) A Right in favor of the plaintiff by whatever means and under
debt by the debtor. (1973a) whatever law it arises or is created
2) An Obligation on the part of the defendant to respect such
right
PRESCRIPTION OF ACTIONS (EXTINCTIVE PRESCRIPTION)
ACTION PERIOD WHEN TO START
3) An Act or Omission on the part of the defendant that violated
the right of the plaintiff
COUNTING
Recovery of Movables 8 Years From the time of Loss
Real Actions over 30 Years From the time of loss
LACHES PRECRIPTION
Immovables
Concerned with the EFFECT of Concerned with the LENGTH
Mortgage 10 Years From the time the
delay of time
Cause of Action arises
➢ Question of Inequity that Merely a question of time
Right of Way Imprescriptible
arises if the action is
Abate Public / Private Imprescriptible allowed to prosper
Nuisance ➢ This inequity is founded
Written Contract 10 Years From the time the upon the change in the
Cause of Action arises condition of the property
Obligation created by 10 Years From the time the or the relation of the
law Cause of Action arises parties
Judgment 10 Years From the time the Equity Statutory
Cause of Action arises No fixed time Fixed time
Oral Contracts 6 Years From the time the Applies to Registered Property Does not apply to Registered
Cause of Action arises Property
Quasi-Contracts 6 Years From the time the
Cause of Action arises
Injury to the rights of 4 Years From the time the
the plaintiff Cause of Action arises
Quasi-Delict 4 Years From the time the
Cause of Action arises
Forcible Entry and 1 Year From the time the
Detainer Cause of Action arises
Defamation 1 Year From the time the
Cause of Action arises
All other actions 5 Years From the time the
action may be brought
Action to Quiet Title Imprescriptible
possessed by the
owner
Action to partition Imprescriptible
property among co-
heirs

CAUSE OF ACTION

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