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GENERAL PROVISIONS
d. Injury or prejudice to the defendant in the event relief is accorded to the complainant, or
the suit is not held barred (Abraham vs. Recto-Kasten, G.R. No. L-16741, January 1962).
WHAT IS PRESCRIPTION?
Prescription is a mode of acquiring (or losing) ownership and other real rights thru the
lapse of time in the manner and under the conditions laid down by law (Article 1106).
(4) Juridical persons, except the State and its subdivisions (Article 1108).
(5) Prescription, acquisitive and extinctive, runs in favor of, or against a married woman
(Article 1110). This presupposes a situation where the parties involved are a married
woman and another person not her husband. Prescription may be in favor of or against the
married woman.
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.
MAY PRESCRIPTION RUN BETWEEN HUSBAND AND WIFE OR BETWEEN PARENTS
AND CHILDREN OR BETWEEN GUARDIAN AND WARD?
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
(Article 1109).
Note that the prescription contemplated here is acquisitive and not extinctive. Thus, in the
filing of actions against each other, extinctive prescription is applicable.
EXAMPLES:
Legal separation must be filed within five (5) years from the occurrence of the ground for
legal separation (Article 57, FC);
Generally, action for annulment of marriage by a spouse against the other must be filed
within five (5) years (Article 47, FC);
Alienation made by the husband without the wifes consent provided that the marriage was
celebrated under the Civil Code (Article 173, CC).
WHAT IS THE EFFECT OF PRESCRIPTION OBTAINED BY A CO-PROPRIETOR OR A
CO-OWNER?
Prescription obtained by a co-proprietor or a co-owner shall benefit the others (Article
1111). Thus, if a co-owner obtained a property by prescription which property incidentally
must be related to the property held in common, the prescription benefits them all.
MAY PRESCRIPTION RUN AGAINST CO-OWNERS?
Prescription does not run against co-owners except when a co-owner made a definite
repudiation of the co-ownership disclosed to the other co-owners (Article 494).
WHO CAN RENOUNCE PRESCRIPTION ALREADY OBTAINED?
Persons with capacity to alienate property may renounce prescription already obtained, but
not the right to prescribe in the future (Article 1112, par. 1). The renouncing must not
prejudice the rights of others (Article 6).
WHEN IS THERE TACIT RENUNCIATION?
Prescription is deemed to have been tacitly renounced when the renunciation results from
acts which imply the abandonment of the right acquired (Article 1112, par. 2).
WHAT THINGS MAY BE SUBJECT OF PRESCRIPTION?
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 (Article 1113).
EXAMPLES OF EXCEPTION:
a. Movables possessed through a crime can never be acquired by prescription by the
offender (Article 1133);
b. Lands covered by Torrens Title;
c. Those outside the commerce of men (Article 1133);
d. Properties of spouses, parents and children, wards and guardians, under the restrictions
imposed by law (Article 1109).
WHAT ARE THE RIGHTS OF CREDITORS AND ALL OTHER PERSONS INTERESTED IN
MAKING THE PRESCRIPTION EFFECTIVE?
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 (Article 1114).
Thus, where a current creditor of a corporation which had obtained prescription of its
debts, may interpose and plead prescription to stop the corporation from paying prescribed
debts to the prejudice of the said creditor. This complements Article 6 of the Civil Code.
WHAT IS THE RULE IN CASE OF CONFLICT BETWEEN THE PROVISIONS ON
PRESCRIPTION AND SPECIFIC PROVISIONS IN THE SAME CODE, OR IN SPECIFIC
LAWS?
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 (Article
1115).
Thus, specific provisions on prescription separately found in the Code and in special laws
shall prevail over the general provisions on prescription provided under Title V of the Code.
WHAT ARE THE TRANSITIONAL RULES FOR PRESCRIPTION?
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 (Article 1116).
Thus:
a. If the period for prescription began and ended under the old laws, said old laws govern.
b. If the period for prescription began under the new Civil Code, the new Civil Code
governs.
c. 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 two conditions are
present:
a. The new Civil Code requires a shorter period; and
b. This shorter period has already elapsed since August 30, 1950.
NOTE: It is more than fifty years since the new Civil Code became effective. The
transitional rules may no longer find application today, although the same were applied
before in several cases.
CHAPTER 2
PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS
(1) When the possession of the present possessor is just a continuation of the possession
of the predecessor in interest - The present possessor may complete the period necessary
for prescription by tacking his possession to that of his grantor or predecessor in interest;
(2) When the character of the possession of the possessor has changed from good faith to
bad faith - 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 (Article 1138).
WHAT IS MEANT BY TACKING OF POSSESSIONS OF TWO OR MORE POSSESSORS?
Tacking of possession is the linking of the possession of the present possessor to the
possession of the immediate past possessor of an identical property for the purpose of
completing the period needed for the prescription.
The condition for the tacking of possession is that privity must exist between the present
possessor and the predecessor in interest. In brief, the present possessor got his
possession from the predecessor in interest. Consequently, a mere usurper cannot invoke
the possession of the previous possessor.
There is no privity of interest where the present possessor came into possession of the
disputed land by virtue of a void and fictitious sale (Ruiz vs. CA, 79 SCRA 525).
Tacking is not allowed if the predecessor in interest has not satisfied the requirements of
prescription. Otherwise, there can be no continuity in the nature of the possession.
WHAT IS THE RULE TO FOLLOW WHEN THE CHARACTER OF THE POSSESSION OF
THE PREDECESSOR IS DIFFERENT FROM THAT OF THE PRESENT POSSESSOR?
The law does not provide any solution to such kind of contingency. Thus, sound judgment
must be resorted to, thus:
a. If the predecessor was in good faith but the successor is in bad faith, should there be
any tacking of possession? There are different views. Some writers say there must be no
tacking. Others say, the good faith of the predecessor should not be set at naught. The
second is the better view. The computation of the periods to be tacked should be
proportionate, that is, in the proportion of what the period of possession in good faith bears
to the period of extraordinary prescription. So it is in the proportion of 2:1 as regards
movables and 3:1 for immovables.
b. If the possession of the predecessor was in bad faith and the possession of the
successor is in good faith, should there be tacking of possession?
Possession of the predecessor in bad faith cannot be counted and added to that of the
present possessor. Here, the possession of the predecessor cannot be considered ordinary
prescription because such requires good faith all throughout the period fixed by law.
However, for purposes of extraordinary prescription, the possession in bad faith of the
predecessor can be tacked to the possession in bad faith of the successor. There is no
prohibition to this.
CHAPTER 3
PRESCRIPTION OF ACTIONS
HOW DO ACTIONS PRESCRIBE?
Actions prescribe by the mere lapse of time fixed by law (Article 1139).
WHEN DO ACTIONS PRESCRIBE?
1. ACTIONS TO RECOVER MOVABLES:
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 (Article 1140), thus:
1. The ownership of movables prescribes through uninterrupted possession for FOUR
YEARS IN GOOD FAITH.
2. The ownership of personal property also prescribes through uninterrupted possession for
EIGHT YEARS, WITHOUT NEED OF ANY OTHER CONDITION.
3. 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 (Article 1132).
4. Movables possessed through a crime can never be acquired through prescription by the
offender (Article 1133).
2. REAL ACTIONS OVER IMMOVABLES:
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 (Article 1141).
3. MORTGAGE ACTION:
A mortgage action prescribes after TEN YEARS (Article 1142).
4. ACTIONS UPON A WRITTEN CONTRACT; UPON AN OBLIGATION CREATED BY LAW; UPON A
JUDGMENT:
They must be brought within TEN YEARS from the time the right of action accrues (Article
1144).
5. ACTIONS UPON AN ORAL CONTRACT; ACTIONS UPON A QUASI-CONTRACT :
They must be commenced within SIX YEARS (Article 1145).
6. ACTIONS UPON AN INJURY TO THE RIGHTS OF THE PLAINTIFF; ACTIONS UPON A QUASIDELICT:
They must be instituted within FOUR YEARS.
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. (Article 1146 as amended by PD No. 1755, Dec. 24, 1980.)
7. FORCIBLE ENTRY AND DETAINER; FOR DEFAMATION:
They must be filed within ONE YEAR (Article 1147).
NOTE: 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 (Article 1148). The phrase without prejudice means that, in proper
cases, the prescriptive period in this chapter may be availed of notwithstanding other
special provisions in other parts of the Civil Code, in the Code of Commerce and in special
laws. Thus, even though the claim falls under the prescriptive period provided for in the
Labor Code because of illegal and unlawful dismissal, the case may still fall within the
ambit of injury to the rights of the plaintiff (Virgilio Callanta vs. Carnation Phi., Inc., G.R.
No. L-70615, October 28, 1986, 145 SCRA 286).