STUDY GUIDE :

Arts. 1106 1116

1. Arts. 1106. CONCEPT OF PRESCRIPTION Acquisitive & Extinctive

USING PRESCRIPTION AS DEFENSE
I.

o
o
II.

Extinctive Prescription as Defense

o Does it need to be pleaded in the Answer by defendant?
o Must it be proven during trial of the civil action?
If Plaintiffs allegations show that action has prescribed, can court dismiss the
case based on prescription?
See discussion of Tolentino in Vol. IV, Civil Code
Acquisitive Prescription as Defense
o
Read: Ingjug-Tiro v. Casals, G.R. No. 134718, Aug. 20, 2001, 363 SCRA
435
(Note: "Who is the plaintiff? Who is the defendant? What do they
want?"
What are the legal issues? What is the SC ruling?)

2. Art. 1107 - CAPACITY FOR PRESCRIPTION

o Who may acquire property or rights by prescription?
o What about those prohibited by law to receive donations, can they acquire
property by prescription?
o Can a minor or incapacitated person be allowed to personally acquire property
by prescription? (2nd par. Interpretation)
3. Art. 1108. - PERSONS AGAINST WHOM PRESCRIPTION MAY RUN
o Enumerate the group of persons against whom prescription may run.
o What about insane persons, or persons in prison, or minors who are orphans
and without legal guardians or representative, does prescription also run
against them?
o What is the right or remedy of a person who is disqualified from administering
his property against whom extinctive prescription has run?
4. Art. 1109.
o
o
o
o
o
o

PERSONS BETWEEN WHOM PRESCRIPTION DOES NOT RUN

Gen. rule; Reason for the rule

Would prescription now run in case the separation of property is the result of a
legal separation between the husband and wife?
Are there EXCEPTIONS to the gen. rule that prescription does not run between
husband and wife?
Read: Director of Lands v. Abiertas, 44 OG 923
Would the rule in Art. 1109 still apply if the guardian repudiates the
guardianship of the ward?
In addition to Art. 1109 : Persons between whom prescription does not run
See: Art. 1113; Art. 494, Civil Code.

5. Art. 1110. Just pls. read the legal provision.

6. Art. 1111. PRESCRIPTION OBTAINED BENEFIT EACH CO-PROPRIETOR OR COOWNER.
o Is it necessary for other co-owners to ratify so that prescription obtained by one
co-owner benefits them too?
1

When does the gen. rule in Art. 1111 apply and not apply?

7. Art. 1112. RENUNCIATION OF PRESCRIPTION

o What are the requisites for renunciation of property acquired by prescription to
be valid?
o Are there formalities required to validly renounce a prescription already
obtained?
o What is implied or tacit renunciation?
o Can parties to a contract agree that any obligation or property subject of the
contract cannot be an object of prescription?
o Can an administrator of an estate, or a guardian renounce or waive a
prescription already obtained in favor of his wards property or estate?
8. Art. 1113. WHAT CAN BE ACQUIRED BY PRESCRIPTION
o Gen. rule what may be acquired by prescription
o Exceptions what may not be acquired by prescription
o Can patrimonial property of the State be acquired by prescription?
o Read: Heirs of Mario Malabanan v. Republic, 587 SCRA 172
9. Art. 1114. WHO MAY AVAIL PRESCRIPTION DESPITE RENUNCIATION BY DEBTOR OR
PROPRIETOR
o Can creditors or a person with interest avail the right to acquisitive prescription
renounced by debtor or proprietor?
o If one creditor pleads prescription renounced by the debtor, will this benefit
another creditor?
10.Art. 1115. Specific provisions or special laws on prescription, prevail over Chapter
1, Gen. Provisions, Title V, Prescription
11.Art. 1116. Just pls. read the legal provision.