TITLE V PRESCRIPTION
Chapter 1
GENERAL PROVISIONS
Art. 1106. By prescription, one acquires
ownership and other real rights through the lapse of
time in the manner and under the conditions laid down
by law.
In the same way, rights and actions are lost by
prescription.
Definition:
Prescription is a mode of acquiring (or losing)
ownership and other real rights thru the
lapse of time in the manner and under
the condition laid down by law, namely,
that possession must be:
(a) in the concept of the owner
(b) public
(c) peaceful
(d) uninterrupted
(e) adverse
Laches (or estoppel by laches) is unreasonable
delay in the bringing of a cause of action
before the courts of justice; it is 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 is negligence or
omission to assert a right within a reasonable
time, warranting a presumption that the
party entitled thereto either has abandoned
it or declined to assert it.
Art. 1107. Persons who are capable of
acquiring property or rights by the other legal modes
may acquire the same by means of prescription.
Minors and other incapacitated persons may
acquire property or rights by prescription, either
personally or through their parents, guardians or legal
representatives.
Art. 1108. Prescription, both acquisitive and
extinctive, runs against:
(1) Minors and other incapacitated persons
who have parents, guardians or other legal
representatives;
(2) Absentees who have administrators,
either appointed by them before their disappearance,
or appointed by the courts;
(3) Persons living abroad, who have
managers or administrators;
(4) Juridical persons, except the State and
its subdivisions.
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.
Art. 1109. 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 guardians and ward during the
continuance of the guardianship.
Exceptions when prescription is specifically provided
for by law, such as:
1) the prescriptive period for legal separation
suits;
2) alienations made by the husband, without the
wifes consent.
Art. 1110. Prescription, acquisitive and
extinctive, runs in favor of, or against a married
woman.
Art. 1111. Prescription obtained by a co-
proprietor or a co-owner shall benefit the others.
Art. 1112. Persons with capacity to alienate
property may renounce prescription already obtained,
but not the right to prescribe in the future.
Prescription is deemed to have been tacitly
renounced when the renunciation results from acts
which imply the abandonment of the right acquired.
Art. 1113. 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.
Things or properties that cannot be acquired by
prescription:
(a) those protected by a Torrens Title
(b) movables acquired thru a crime
(c) those outside the commerce of men
(d) properties of spouses, parents and children,
wards and guardians, under the restrictions
imposed by law
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Notes on Obligations and Contracts

2012
period
herein
required for
prescription
Art. should
1114. elapse, the
Creditors present
and all Code shall
other be
persons applicable,
interested in even though
making the by the
prescription former laws
effective a longer
may avail period
themselves might be
thereof required.
notwithstan
ding the Transitional
express or Rules for
tacit Prescription
renunciation
by the (a) If
debtor or the
proprietor. peri
od
for
pres
Art.
cript
1115. The
ion
provisions
BEG
of the
AN
present Title
and
are END
understood ED
to be und
without er
prejudice to the
what n this OLD
Code or in laws
special laws ,
is said
established OLD
with respect laws
to specific gov
cases of ern.
prescription. (b) If
the
peri
Art. od
1116. for
Prescription pres
already cript
running ion
before the BEG
effectivity of AN
this Code und
shall be er
governed by the
laws NE
previously W
in force; but Civil
if since the Cod
time this
e,
Code took
the
effect the
NE
entire
 W e
Civil
Cod r
e e
gov q
erns u
. i
(c) If r
the e
peri s
od
beg a
an
und s
er h
the o
OLD r
law, t
and e
cont r
inue
s p
und e
er r
the i
o
NE
d
W
;
Civil
2) T
Cod
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e,
i
the
s
OLD
law
s
appl h
ies. o
r
Exceptio t
ns: In e
this r
third
rule, it p
is the e
NEW r
Civil i
Code o
that will d
apply,
provide
h
d two
a
conditio
s
ns are
present:
a
l
1) T
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v
i
l Art.
C 1117.
O Acquisitive
D prescription
E of dominion
and other
b real rights
e may be
c ordinary or
a extraordinar
m y.
e
Ordi
e nary
f acquisitive
f prescription
e requires
c possession
t of things in
i good faith
v and with
e just title for
. the time
fixed by
law. d
Requisites e
common to
Ordinary d
and u
Extraordinar e
y
Prescription o

(a) cap (
acit c
y of o
acq n
uire c
r to e
acq p
uire t
by
pres
o
cript f
ion
(b) cap
o
acit
w
y of
n
lose
e
r to
r
lose
)
by
pres
cript
ion
(c) obje
ct
mus
t be
susc
epti
ble
of
pres
cript
ion
(d) laps
e of
requ
ired
peri
od
of
time
(e) the
poss
essi
on
mus
t
be:
1) i
n

c
o
n
c
e
p
t
o
 tolerance of
the owner
shall not be
2) p available for
u the
b purposes of
l possession.
i
c
3) p Art.
e 1120.
a Possession
c is
e interrupted
f for the
u purposes of
l prescription,
4) c naturally or
o civilly.
n
t
i Art.
n 1121.
u Possession
o is naturally
u interrupted
s when
through any
o cause it
r should
cease for
u more than
n one year.
i
n The
t old
e possession
r is not
r revived if a
u new
p possession
t should be
e exercised by
d the same
adverse
claimant.
Art.
1118.
Possession Art.
has to be in 1122. If the
the concept natural
of an owner, interruption
public, is for only
peaceful one year or
and less, the
uninterrupte time
d. elapsed
shall be
counted in
favor of the
Art.
prescription.
1119. Acts
of
possessory
Art.
character
1123. Civil
executed in
interruption
virtue of
is produced
license or
by judicial
by mere
summons to
the (2) I
possessor. f

t
Art. h
1124. e
Judicial
summons p
shall be l
deemed not a
to have i
been issued n
and shall t
not give rise i
to f
interruption f
:
s
(1) I h
f o
u
i l
t d

s d
h e
o s
u i
l s
d t

b f
e r
o
v m
o
i t
d h
e
f
o c
r o
m
l p
a l
c a
k i
n
o t
f
o
l r
e
g s
a h
l o
s u
o l
l d
e
m a
n l
i l
t o
i w
e
s t
; h
e
 h
p e
r
o c
c o
e m
e p
d l
i a
n i
g n
s t
.
t
o In
all
l thes
a e
p case
s s,
e the
;
peri
(3) I
od
f
of
the
t inter
h rupt
e ion
shall
p be
o cou
s nted
s for
e the
s pres
s cript
o ion.
r

s Art.
h 1125. Any
o express or
u tacit
l recognition
d which the
possessor
b may make
e of the
owners
a rights also
b interrupts
s possession.
o
l
v Art.
e 1126.
d Against a
title
f recorded in
r the Registry
of Property,
o
ordinary
m
prescription
of
t
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Notes on Obligations and Contracts

2012
in Articles
526, 526,
528 and
529 of this
ownership Code are
or real likewise
rights shall necessary
not take or the
place to the determinati
prejudice of on of good
a third faith in the
person, prescription
except in of
virtue of ownership
another title and other
also real rights.
recorded;
and the
time shall Art.
begin to run 1129. For
from the the
recording of purposes of
the latter. prescription,
there is just
As title when
to lands the adverse
register claimant
under the came into
Land possession
Registration of the
Act, the property
provisions through one
of that of the
special law modes
shall recognized
govern. by law for
the
acquisition
Art. of
1127. The ownership
good faith or other real
of the rights, but
possessor the grantor
consists in was not the
the owner or
reasonable could not
belief that transmit
the person any right.
from whom Art.
he received 1130. The
the thing title for
was the prescription
owner must be
thereof, and true and
could valid.
transmit his
ownership.
Art.
1131. For
Art. the
1128. The purposes of
conditions prescription,
of good
just title
faith
must be
required for
proved; it is
possession
never through a
presumed. crime can
never be
acquired
Art. through
1132. The prescription
ownership by the
of movables offender.
prescribes
through However, by
uninterrupte implication,
d subsequent
possession acquirers
for four from the
years in offender
good faith. may acquire
the property
The by
ownership prescription.
of personal
property
also
prescribes
through
uninterrupte
d
possession
for eight
years,
without
need of any
other
condition.

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
merchants
store the
provisions
of Articles
559 and
1505 of this
Code shall
be
observed.

Art.
1133.
Movables
possessed
 thereof for
thirty years,
without
need of title
Art. or of good
1134. faith.
Ownership
and other
real rights Art.
over 1138. In the
immovable computation
property are of time
acquired by necessary
ordinary for
prescription prescription,
through the
possession following
of ten rules shall
years. be
observed:

Art. (1)
1135. In The present
case the possessor
adverse may
claimant complete
possesses the period
by mistake necessary
an area for
greater, or prescription
less, than by tacking
that his
expressed possession
in his title, to that of
prescription his grantor
shall be or
predecessor
based on
in interest;
the
(2)
possession.
It is
presumed
that the
Art. present
1136.
possessor
Possession who was
in wartime,
also the
when the possessor at
civil courts
a previous
are not time, has
open, shall
continued to
not be be in
counted in
possession
favor of the during the
adverse
intervening
claimant. time, unless
there is
proof to the
Art. contrary;
1137. (3)
Ownership The first day
and other shall be
real rights
excluded
over
and the last
immovables
day
also
included.
prescribe
through
Chapter 3
uninterrupte
d adverse P
possession R
 E has
S acquired the
C ownership
RI by
P prescription
TI for a less
O period,
N according of
O Article
F 1132, and
A without
C prejudice to
TI the
O provisions
N of Articles
559, 1505,
Art. and 1133.
1139.
Actions
prescribe by Art.
the mere 1141. Real
lapse of action over
time fixed immovables
by law. prescribe
after thirty
years.
Art.
1140. This
Actions to provision is
recover without
movables prejudice to
shall what is
prescribe established
eight years for the
from the acquisition
time the of
possession ownership
thereof is and other
lost, unless real rights
the by
possessor prescription.
Art. 1142. A mortgage action prescribes after ten years.

Art. 1143. The following rights among others specified elsewhere in this Code, are not
extinguished by prescription:

(1) To demand a right of way, regulated in Article 649;

(2) To bring an action to abate a public or private nuisance.

Art. 1144. The following actions must be brought within ten years from the time the right of
action accrues:

(1) Upon a written contract

(2) Upon an obligation created by law;
(3) Upon a judgment.

Art. 1145. The following actions must be commenced within six years:

(1) Upon an oral contract;

(2) Upon a quasi-contract.

Art. 1146. The following actions must be instituted within four years:

(1) Upon an injury to the rights of the plaintiff;

(2) Upon a quasi-delict.

Art. 1147. The following actions must be filed within one year:

(1) For forcible entry and detainer;

(2) For defamation.

Art. 1148. 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.

Art. 1149. All other actions whose periods are not fixed in this Code or in other laws mst be
brought within five years from the time the right of action accrues.

Art. 1150. The time for prescription for all kinds of actions, when there is no special provision
which ordains otherwise, shall be counted from the day they may be brought.

Art. 1151. The time for the prescription of actions which have for their object the enforcement
of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of
the interest.

Art. 1152. The period for prescription of actions to demand the fulfillment of obligations
declared by a judgment commences from the time the judgment became final.
 Art. 1153. The period for prescription of action to demand accounting runs from the day the
persons who should render the same cease in their functions.

The period for the action arising from the result of the accounting runs from the date when
said result was recognized by agreement of the interested parties.

Art. 1154. The period during which the obligee was prevented by a fortuitous event from
enforcing his right is not reckoned against him.

Art. 1155. The prescription of actions is interrupted when they are filed before the court, when
there is a written extrajudicial demand by the creditors, and when there is any written
acknowledgment of the debt by the debtor.