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OWNERSHIP IS
ACQUIRED OVER
AFTER
MOVABLES
4
years
8
years
10
years
30
years
IMMOVABLES
(incl. other real rights
over immovables)
IF
POSSESSE
D
in good
faith
in bad
faith
in good
faith
in bad
faith
NB: Movables possessed through a crime can never be acquired through prescription by the offender. (Art. 1133)
1 Month
1) Subrogation to the rights of the purchaser in case an heir sells his hereditary rights to
a stranger before the partition
3 Months
6 Months
1)
2)
3)
4)
Actions
Actions
Actions
Actions
for
for
for
for
1 Year
1) Action to impugn legitimacy of a child, where the husband or his heirs reside in the
city or municipality of the childs birth
2) Actions for forcible entry
3) Actions for unlawful detainer
4) Actions for defamation
5) Actions for revocation of donations, on the ground of ingratitude
6) Actions for rescission or for damages, if an immovable is sold with non-apparent
burdens or servitudes
7) Actions for warranty of solvency in assignment of credits
8) Actions for loss or damage to goods, under the Carriage of Goods by Sea Act (or CA
65)
2 Years
1) Action to impugn legitimacy of a child, where the husband or his heirs are not
residing in the city or municipality of the childs birth
3 Years
1) Action to impugn the legitimacy of a child, where the husband or his heirs reside
abroad
2) Actions under the Eight Hour Labor Law (or RA 1993)
3) Money claims as a consequence of employer-employee controversies, under the
Labor Code
4) Actions to recover losses in gambling, under Public Act 1757
4 Years
1) Actions to revoke or reduce donations inter vivos made prior to birth of any legitimate
child, counted from date the first legitimate child is born, recognized, acknowledged,
adopted, or reappers.
2) Actions to revoke donations, due to non-compliance with conditions
3) Actions to rescind partition of deceaseds estate, on account of lesion
4) Actions to claim rescission of contracts (including damages incurred)
5) Actions for annulment of contracts, for vice of consent
6) Actions upon quasi-delicts
7) Actions upon an injury to the rights of the plaintif, not arising from contract and not
otherwise enumerated in the Civil Code (such as when no conviction is had on the
criminal liability case becomes one for quasi-delict)
5 Years
6 Years
8 Years
10 Years
30 Years
1) Real actions over immovables (but not foreclosure), without prejudice to the
acquisition of ownership or real rights by acquisitive prescription
2) Action to recover ownership over real property (accion reivindicatoria), if claim is
based on extraordinary prescription
DURING THE
LIFETIME OF
THE PARTY/IES
INVOLVED
1) Action for annulment of the marriage due to insanity of one spouse (during lifetime of
either spouse)
2) Action to claim legitimacy of the child (during lifetime of child)
3) Action for acknowledgement or recognition of an illegitimate child (during lifetime of
child or presumed parents, as the case may be)
4) Action for reduction of donations due to failure of the donor to reserve property for
support (during lifetime of donor and relatives entitled to support)
5) Action for legal support (during lifetime of either party)
IMPRESCRIPTI
BLE
1)
2)
3)
4)
5)
6)
7)
8)
9)
30 DAYS
7. In concurrence and preference of credits, if the movables to which the lien or preference attaches have
been wrongfully taken, the creditor may demand them from any possessor, within 30 days from the
unlawful seizure.
8. The vendor may still exercise the right to repurchase within 30 days from the time final judgment was
rendered in a civil action on the basis that the contract was a true sale with right to repurchase.
9. The right of legal pre-emption or redemption shall not be exercised except within 30 days from written
notice by the prospective vendor or by the vendor.
10.
The debtor may exercise his right to repurchase the credit or incorporeal right in litigation within
30 days from the date the assignee demands payment from him.
40 DAYS
11.
If the repairs upon the thing leased last more than 40 days the rent shall be reduced in proportion
to the time including the first 40 days and the part of the property of which the lessee has been
deprived.
ONE MONTH
12.
A depositary is no longer liable if the thing deposited was stolen and such information was given to
the true owner but the latter does not collect the same from the former within one month
13.
A thing under a pledge by operation of law may be sold at a public auction one month after
demand is made of the amount for which the thing is retained. If, without just grounds, the creditor does
not cause the public sale to be held within such period, the debtor may require the return of the thing.
THREE MONTHS
14.
The spouse who has left the conjugal dwelling for a period of three months or has failed within the
same period to give any information as to his or her whereabouts shall be prima facie presumed to have
abandoned the other.
SIX MONTHS
15.
An owner may claim ownership over uprooted trees within six months, otherwise, he loses such
ownership.
16.
In cases of occupation of a movable not a treasure, the thing found or its value is given to the
finder six months after the publication of such finding.
17.
A limited partner may demand return of his contribution or for the dissolution of the partnership
after he has six months' notice in writing to all other members, if no time is specified in the certificate.
18.
An action for legal separation shall in no case be tried before six months shall have elapsed since the
filing of the petition.
19.
If no judicial settlement proceeding is instituted, the surviving spouse shall liquidate the community
property either judicially or extra-judicially within six months from the death of the deceased spouse,
otherwise, any disposition or encumbrance involving the community property of the terminated marriage shall
be void.
ONE YEAR
20.
Possession de facto over a movable is acquired after lapse of one year.
21.
A petition for legal separation may be filed on the ground of abandonment of petitioner by respondent
without justifiable cause for more than one year.
22.
The adopters may petition the court for the judicial rescission of the adoption when the adopted has
abandoned the home of the adopters during minority for at least one year, or, by some other acts, has
definitely repudiated the adoption.
TWO YEARS
23.
An owner may claim ownership over avulsed piece of land within two years, otherwise, he loses
such ownership.
24.
Marriage contracted during the subsistence of a previous marriage is valid if the prior spouse has been
absent for two consecutive years if there is danger of death under Art. 391 of the Civil Code (lost vessel or
missing airplane, part of armed forces in time of war, or other causes).
FOUR YEARS
25.
Marriage contracted during the subsistence of a previous marriage is valid if the prior spouse has been
absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse
was already dead.
FIVE YEARS
26.
The right to make use of public waters extinguishes in five years in case of non-user.
27.
If a person legally entitled to the estate of the deceased appears and files a claim thereto with the
court within five years from the date the property was delivered to the State, such person shall be
entitled to the possession of the same, or if sold the municipality or city shall be accountable to him for
such part of the proceeds as may not have been lawfully spent.
28.
The recipient of support (who is not an heir called to the decedent's inheritance by the law of
testate or intestate succession) may demand the same from the person causing the death of the person
obliged to give support for a period not exceeding five years, the exact duration to be fixed by the court.
10 YEARS
29.
The family home shall continue despite the death of one or both spouses or of the unmarried head of the
family for a period of ten years or for as long as there is a minor beneficiary.
30.
Use of public waters is acquired by prescription of 10 years.
31.
Real right of possession by another over movable is acquired after lapse of 10 years.
32.
Continuous and apparent easements are acquired by prescription of 10 years.
33.
Non-user of an easement for 10 years extinguishes the easement.
34.
Easement of light and view are acquired by prescription of 10 years from the time of opening of
the window or from the time of formal prohibition.
35.
The guarantor may proceed against the principal debtor, even before having paid, after the lapse
of 10 years, when the principal obligation has no fixed period for its maturity, unless it be of such nature
that it cannot be extinguished except within a period longer than ten years.
FIFTEEN YEARS
36.
An engineer or architect who drew up the building plan is liable for damages if the structure
collapses within 15 years from completion of the same.
2. insanity
Party to Bring
Action
a. underaged
spouse
b.
Parent/guardian
of
underaged
spouse
a. spouse with
sound mind
b. relative or
guardian of
insane spouse
c. insane spouse
a. injured party
a. injured party
a. injured party
Period
Five years after attaining age of 21
Any time before underaged spouse
reaches
age of 21
At any time before either spouse
dies
At any time before either spouse
dies
During lucidity or sanity
Five years from discovery of fraud
Five years from disappearance of
Force/intimidation/undue influence
Five years from marriage
LEGITIMACY OF CHILDREN
Legitimacy of a child may be impugned if it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the
child.
If the marriage is terminated and the mother contracted another marriage within 300 days after such
termination of the former marriage, these rules shall govern in the absence of proof to the contrary:
IF BORN
AFTER
BUT WITHIN
THEN CHILD IS
Before 180
Solemnization of
300 days after termination of
Considered conceived during
The
days
subsequent marriage
former marriage
former marriage.
After 180 Celebration of subsequent 300 days after termination of
Considered conceived during
days
marriage
former marriage
subsequent marriage.
legitimacy or illegitimacy of a child born after 300 days following the termination of the marriage shall be
proved by whoever alleges such legitimacy or illegitimacy.
If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period for
bringing the action to impugn the legitimacy of the child shall be counted from the discovery or knowledge of
the birth of the child or of the fact of registration of said birth, whichever is earlier.