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ACQUISITIVE PRESCRIPTION PERIODS

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)

EXTINCTIVE PRESCRIPTION PERIODS (OF ACTIONS AND CLAIMS)


40 Days

1) Redhibitory action based on faults or defects of animals sold

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

1) To impugn decision of partners designation of shares in losses and profits, if such


decision is entrusted to a third person

6 Months

1)
2)
3)
4)

Actions
Actions
Actions
Actions

for
for
for
for

warranty against hidden defects of the things sold


warrant against encumbrances upon the thing sold
rescission in case of sales in lump sum
rescission in case of delivery of goods with inferior value

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

1) Actions for legal separation, counted from occurrence of cause


4) Actions in case the wife disagrees with the husband in matters relating to the
administration and enjoyment of the conjugal partnership
5) Actions brought by the heirs to establish a childs legitimacy or illegitimacy, in case
the child dies during minority or insanity
5) Actions for declaration of the incapacity of a heir, devisee, or legatee to succeed
6) Actions to revoke the donation in case of legal separation
7) Actions for recovery of inheritance, devise, or legacy from incapacitated heir, legatee,
or devisee
8) Actions to impugn a childs legitimation, by those who are prejudiced in their rights
9) In partition, actions against the co-heirs, for warranty of solvency of the debtor in
credits assigned
10) All other actions whose periods are not fixed in the Civil Code or in other laws,
counted from the time the right of action accrues

6 Years

1) Actions upon an oral contract


2) Actions upon a quasi-contract

8 Years

1) Actions to recover movables from loss of possession, unless movable acquired


through prescription or if possessor is entitled under Arts. 559 (movables bought in
good faith in a public sale); 1505 (court-ordered sale or sale in merchants store); and
1133 (movables possessed through crime).

10 Years

1) Action upon a written contract


2) Actions upon obligations created by law (excluding quasi-contracts), e.g., under the
Human Relations provisions of the New Civil Code (but not including actions for
damages arising from quasi-delicts, which prescribe within 4 years)
3) Actions upon a judgment, from the time the judgment became final
4) In partition, actions among co-heirs to enforce warranty against eviction
5) Mortgage action
6) Actions for civil liability arising from conviction of a felony or crime
7) Action for recovery of better right to possess real property (accion publiciana)
9) Action to recover ownership over real property (accion reivindicatoria), if claim is
based on ordinary prescription
10) Actions for damages from collapse of building against engineer or architect who
drew up building plan

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)

To demand a right of way


To bring an action to abate a public or private nuisance
To quiet title
To demand partition in co-ownership
To enforce an express trust
To probate a will
To declare an inexistent or void contract
To enforce a moral right under the Copyright Law
To recover possession of registered land under the Property Registration Decree (or
PD 1529), by the registered owner and hereditary successors
10) Use of easement by any one of co-owners of dominant estate prevents prescription
with respect to the others.
11) To bring an action to declare absolute nullity of marriage

OTHER PERIODS SET IN THE CIVIL CODE AND FAMILY CODE


TWO DAYS
1. An owner of a swarm of bees has two consecutive days to pursue the same, otherwise, he loses
ownership over the same.
THREE DAYS
2. If the animal should die within three days after its purchase, the vendor shall be liable if the disease
which cause the death existed at the time of the contract.
EIGHT DAYS
3. A found movable shall be sold at public auction eight days after publication of its finding if it cannot be
kept without deterioration, or without expenses which considerably diminish its value.
15 DAYS
4. There is an implied new lease if at the end of the contract the lessee should continue enjoying the thing
leased for 15 days with the acquiescence of the lessor, unless notice to the contrary is given by either
party.
20 DAYS
5. Life annuity shall be void if constituted upon the life of a person who was at that time sufering from an
illness which caused his death within 20 days following said date.
6. An owner may claim his domesticated animals within 20 days from their occupation by another person,
otherwise, he loses ownership over the same.

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.

SPECIAL RULES REGARDING ANNULMENT OF MARRIAGE AND LEGITIMACY OF THE CHILD


ANNULMENT OF MARRIAGE
Ground
1. underaged spouse and with no parental
consent

2. insanity

3. consent through fraud


4. consent through force/intimidation/undue
influence
5. incurable incapacity/STD

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.