VII.

PRESCRIPTION
Extinctive Prescription
1. Meaning and effects
- actions prescribe by mere lapse of time; Statute of Limitations

2. As a defense
-to be asserted as such, it must be pleaded and proved; proof cannot be later on
presented if objection is made because it was not pleaded.

3. Statute of limitations/ Prescriptive periods:

a. 40 days- redhibitory action based on defects of animals (Art 1577: from date of
delivery; faults and defects determined by law or local customs)

b. 6 MONTHS-
i. action for reductionof price fro rescission in case of breach of sale of real estate
either with a statement of its area at a certain price for a unit of measure or number or
for lump sum, from the day of delivery
ii. action for warranty against hidden defects, from delivery.

c. 1 year
i. action by husband against wife to impugn the legitimacy of the child, if husband
is residing in the same place as the wife, from knowledge of birth or recording
with Local Civil Registrar.
ii. action for revocation of donation for acts of ingratitude.
iii. action for forcible entry or unlawful detainer
iv. action for defamation
v. action for rescission or for damages if immovable sold is encumbered with
non- apparent burden or servitude.

d. 2 years
i. action to impugn legitimacy of a child if H is in the Phils. But not in the same
place as wife.

e. 3 years
i. action to impugn legit of a child if H is abroad.

f. 4 years
i. action for revocation or reduction of donation based on supervening birth,
appearance or adoption of a child.
ii. action for revocation of donation based on non- fulfilment of condition
iii. action for recovery of movable (replevin) if possessor is in good faith
iv. action upon an injury to the rights of the plaintiff
v. action upon a quasi- delict
vi. action for rescission of rescissible contracts
vii. action for annulment of voidable contracts

g. 5 years (all actions whose periods not fixed by law or the code)
i. action for legal separation
ii. action for annulment of marriage based on lack of parental consent
h. 6 years
i. oral contract
ii. quasi-contract

i. 8 years
i. replevin case (movable), held in good faith

j. 10 years
i. action to enforce mortgage contract
ii. replevin case held in bad faith
iii. recovery of immovable property and all other real actions held in good faith
iv. all obligations created by law
v. action to enforce final and executory judgment
vi. all rights and obligations based on a written contract
vii. reformation of a written instrument

k. 30 years
i. action to recover real properties held in bad faith
ii. state loses ownership over patrimonial property or alienable lands

l. Imprescriptible
i. action for support
ii. declaration of nullity of void marriage
iii. action based on express trust
iv. action for abatement of nuisance
v. action to demand right of way
vi. quieting of title
vii. action for partition of hereditary estate
viii. action for probate of a will
ix. action for declaration of nullity of contract
x. action for registration of shares of stocks
- subject to LACHES

4. Computation of the period

- counted from the day they may be brought, except if there is a special provision that
states otherwise.
-starting point is the legal possibility
a. enforcement of obligations to pay principal with interest or annuity- runs from
the last payment of the annuity or of the interest.
b. actions to demand the fulfilment of obligations declared by a judgment-
commences from the time the judgment became final.
c. action to demand accounting- runs from the day the persons who should
render the same cease in their functions
d. actions arising from the result of the accounting- runs from the date when said
result was recognized by agreement of the interested parties.

5. Interruption
- prescription of actions is interrupted :
i. when they are filed before the court
ii. when there is a written extra-judicial demand by the creditors
 iii. when there is any written acknowledgment of the debt by the debtor

VIII. ESTOPPEL(1431-1439)
A. Definition and meaning
- Through estoppel an admission or representation is rendered conclusive upon the
person making it, and cannot be denied or disproved as against the person relying
thereon.
- it is a bar; has its origin in equity, based on moral rights and natural justice.
- the principle is only suppletory; must be expressly pleaded
- cannot be invoked against the government except if there is erroneous application or
enforcement of the law
- applies only to questions of fact not of law
B. Kinds
1. By Record: by judgment v. res judicata
- type of technical estoppel by virtue of which a party and his privies are precluded from
denying the truth of matters set forth in a record, whether judicial or legislative.
- res judicata: makes a judgment conclusive between the parties as to things which were
directly adjudged.
- by judgment: prevents the parties from raising questions that could have been put in
issue and decided in the previous case.

2. By Deed
- a type of technical estoppel by virtue of which a party to a deed and his privies are
precluded from asserting as against the other party and his privies any right or title in
derogation of the deed, or from denying any material fact asserted therein.
- there must be a written instrument which must be valid; it cannot validate a void
contract

3. In Pais or by conduct: Meaning and requisites

- arises when one, by his acts, representations or admissions, or by his silence when he
ought to speak out, intentionally or through culpable negligence, induces other to believe
certain facts exist and such other rightfully relies and acts on such belief, as a
consequence of which he would be prejudiced if the former is permitted to deny the
existence of such facts.
-conduct because of ignorance of mistake does not result in estoppel.

a. By representation/ positive acts

-when a person who is not the owner of a thing sells it ad delivers it and later the
seller or grantor acquires title thereto, such title passes by operation of law to the
buyer or grantee. Prejudice is not essential. Sale of after acquired property.
- if a person in representation of another sells a thing, the former cannot
subsequently set-up his own title as against the buyer or grantee.

b. By promise (promissory estoppel)

- a mere promise to perform or to omit at some future time does not necessarily
result in estoppel. For this to exist, the promise must have been relied upon and
prejudice would result unless estoppel is applied.

c. By silence
 - arises when a party who has the right and opportunity to speak and act as well
as a duty to do so under the circumstances, intentionally or through culpable
negligence, induces other to believe certain facts to exist and such other relies
and acts on such belief, as a consequence of which he would be prejudiced if the
former is permitted to deny the existence of such facts.
- ex. Art 1437

d. By acquiscience/ acceptance of benefits

- arise when a party, by accepting benefits derived from a certain act or
transaction, intentionally or through culpable negligence, induces other to believe
certain facts to exist and such other relies and acts on such belief, as a
consequence of which he would be prejudiced if the former is permitted to deny
the existence of such facts.
- ex. Art 1438

4. By laches: prescription vs. laches

- doctrine of stale demands.
- failure or neglect for an unreasonable and unexplained length of time, to do that which,
by exercising due diligence, could or should have been done earlier, it warranting a
presumption that the party entitled to assert it either has abandoned it or declined to
assert.
- elements:
i. conduct on the part of the defendant or of one under whom he claims, giving
rise to the situation of which the complaint seeks a remedy;
ii. delay in asserting the complainant's rights, the complainant having knowledge
or notice of the defendant's conduct and having been afforded an
opportunity to institute a suit
iii. lack of knowledge or notice on the part of the defendant that the complainant
would assert the right on which he bases his suit;
iv. injury or prejudice to the defendant in the event relief is accorded to the
complainant or the suit is not held to be barred.
-laches vs prescription
1. L: concerned with the effect of delay
P: concerned with the fact of delay

2. L: Not statutory
P: Statutory

3. L: applies in equity
P: applies at law

4. L: not based on fixed time

P: based on fixed time