PRESCRIPTION

Laches

- not actually found in NCC

- Equitable principle in common law
- In scenarios where effect will lead to injustice because of the conduct of the other person

Prescription

- Mode of ownership (acquisition or loss) by the passage of time

Acquisitive possession
o In the concept of an owner, one claiming is not actually the owner against the real owner
o By sheer passage of time, actual owner did not impose his right to claim the property
o Owner of the thing actually loses the thing through extinctive prescription

On limited capacity

Ex. Minors or Insane persons or absentees or living abroad or juridicial person

 Prescription will still run as long as there is an administration to such property

Art. 1109 – prescription does not run between H&W

Neither will prescription run between parent and children during minority and insanity

Chapter 2 – prescription of ownership and other legal rights

Ordinary – possessed in good faith

GR - Good faith, whoever alleges has burden of proof

Extraordinary – possession in BF

>Determine whether ordinary of extraordinary to determine no. of years for prescription to run

Acts of possessory character

You have proper, then all of a sudden squatters are living there – then agreed to let squatters live in your property,
20 years later, you want to eject them – NOT TENABLE – ESTOPPED

Who can possess? (GF/BF)

Untitled land

 Some people got a copy of the patent thru forgery, then other person got hold of original patent –
there is bad faith because there is knowledge

 There is some kind of title

 Even things done in BF can actually lead to ownership – not by the person who perpetrated the fraud but
by selling it to a buyer in GF.

Reasonable belief
 Good father of the family (reasonable prudent man)

Just Title

On movables

Chapter 3 – Prescription of Actions

OBLIGATIONS

Chapter 1 – general provisions of obligation

Nature and effect of an obligation

 Diligence of a good father of a family, unless another standard of care is required

 No real rights before delivery of the thing, only personal
 Determine delivery of a determinate or an indeterminate or generic
 Determinate – can compel debtor for delivery
 Generic – oblige the debtor to comply obligation at his expense

Different kinds of obligations

Based on demandability

Pure

Conditional

Obligations with a period

Alternative obligations

Joint and solidary obligations

On part of creditor – preferable is solidary

On part of debtor – preferable is joint

Law favors joint – because it is less onerous

Obligations with a Penal Clause – liquidated damages

Extinguishment of Obligations

Most common – payment/performance

 When there is irregularity of performance

o Application of payments should there be different debts
o Payment by cession
o You want to pay, but not sure if payment is valid or not – thus, consigning payment to the
court.
Loss of the thing due

Condonation/Remission of the debt

Confusion or merger of rights

compensation