OBLIGATION AND CONTRACTS NOTES ON PRESCRIPTION Posted by Evelyn OBLIGATION AND CONTRACTS Prepared by : Evelyn Chua Bergantinos-De Matias

Essential elements in the principle of latches: (1) conduct on the part of the defendant, or one under whom he claims, giving rise to the situation that led to the complaint for which the complaint seeks a remedy: (2) delay in asserting the complainant's rights, the complainant having had knowledge or notice of the defendant's conduct and having been afforded an opportunity to institute a suit; (3) lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit; (4) injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit is not held barred.

Source: Narciso & Maria Buenaventura v CA GR 50837 December 28, 1992

Prescription A method of acquiring a non-possessory interest in land through the long, continuous use of the land. the method of acquiring an easement upon another's real property by continued and regular use without permission of the property owner for a period of years required by the law of the state

Real Property: Ordinary prescription Extraordinary prescription : 10 years : 30 years

Movables / Personal Properties Ordinary prescription Extraordinary prescription : 8 years : 4 years

Ordinary Prescription Requirements:

- Possession of property (1) in good faith (2) just title

Extraordinary Prescription Requirements:

- uninterrupted, continuous adverse possession of properties.

PRESCRIPTION PERIOD

Cause of Action Nullity of marriage Reconveyance - if resulting from fraud - Torrens title obtained in:

Prescription imprescriptible 10 years 4 years

Reckoning From the issuance of title. From discovery of fraud

- bad faith - passed to innocent buyer Nullity of a void judgment Ordinary Acquisitive Prescription: immovables movables

Imprescriptible Imprescriptible

imprescriptible

10 years 4 years

Extraordinary Prescription immovables movables 30 8 years imprescriptible -

Nullity of Falsified Deed of Sale Torrens Titles

Imprescriptible but may lose ownership thru latches Imprescriptible Exception: when co-owner repudiates the ownership, action prescribes in ______. 1 year imprescriptible

LATCHES unreasonable delay to bring cause of action. Not barred by latches

Right to seek partition of land when co-ownership is recognized

Ejectment Against Administrative offenses Probate of will Deportation of alien

imprescriptible 5 years From date the cause of deportation arose From the date of sale From the date of tax

Recovery of purchase price Refund of tax

2 yrs 2 yrs

assessment Claim for payment Revocation of donation for non-compliance of conditions stipulated; 10 yrs 4 years

Reduction of donation based on birth, appearance, or adoption of a child

4 years

Revocation of donation based on ingratitude 1 year From time the donor has knowledge of the fact. The moment surety companypays the bond

Mortgage Action

10 years (properties with Torrens title may be foreclosed since right to mortgage can prescribe, for what does not prescribe is the ownership of the land)

Demand for right of way Bring action to abate a public or private nuisance Quiet a Title (as long as theplaintiff is in possession of the property) Right to demand support

imprescriptible imprescriptible

imprescriptible

Imprescriptible (installments on support in arrears may prescribe)

Action to recover property in express trust (based on

Imprescriptible

confidence & trust) UNLESS: In view of lack of confidence or fiduciary relations - may prescribe with latches Recovery of registered owner of land with Torrens Title Upon written contract imprescriptible

10 years

Rescission of contract

4 years

Annulment for contract

4 years

In case of fraud upon discovery thereof; in case of contracts entered by minors/incapacitated from the time guardianship ceases.

Upon obligation created by law Upon a judgment

10 years

10 years (enforcement by writ of execution 5 years)

Compensation from employer Oral contract Quasi-contract Upon injury to right of plaintiff Quasi-delict / tort Annulment of marriage based on fraud, non-age, force,

10 years 6 years 6 years 4 years

4 years 4 years (Family Code: 5 yrs)

From time such is committed From time fraud, force, etc. cease

intimidation

Annulment of marriage due to impotency Forcible entry and detainer

8 years

From the time of celebration of the marriage Date of unlawful deprivation (forcible entry)

1 year

Date of last demand (for detainer) Defamation Legal separation Impugn Legitimacy of child if father/heirs reside in the same place of birth of child if residing in other place within the Phils. if residing abroad 3 years Other actions not fixed by Law 5 years From the time the right of action accrues. May bring action as long as the person lives 1 year 5 years (Family Code) 1 year Knowledge of cause From recording of birth to the local civil registry

2 years

Claim for legitimacy of a legitimate child

imprescriptible

Establishment of illegitimate filiation of illegitimate child

imprescriptible

May bring the action in his lifetime

Recovery of the purchase price

2 years

From the date of sale

Action of buyer of land to compel seller to execute deed of conveyance Annulment of contract entered by minors or incapacitated persons Forcible entry

imprescriptible

As long as the buyer still in possession of the property

4 years

From the time guardianship ceases

1 year

From time of unlawful deprivation and discovery From the date of last demand

Forcible detainer

1 year

HAPTER 3 > PRESCRIPTION OF ACTIONS Art. 1139. Actions prescribe by the mere lapse of time fixed by law. (1961) Art. 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according to Articles 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133. (1962a) Art. 1141. Real actions over immovables prescribe after thirty years. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (1963) Art. 1142. A mortgage action prescribes after ten years. (1964a) 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. (n) 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. (n) Art. 1145. The following actions must be commenced within six years: (1) Upon an oral contract; (2) Upon a quasi-contract. (n) 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; However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.) Art. 1147. The following actions must be filed within one year: (1) For forcible entry and detainer; (2) For defamation. (n) 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. (n) Art. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues. (n) 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. (1969) 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. (1970a) Art. 1152. The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. (1971)

Art. 1153. The period for prescription of actions 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. (1972) Art. 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. (n) 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. (1973a)