PRESCRIPTION

Questions:
1. Explain the concept and essence of laches.

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. The principle of laches is a creation of equity. It is
applied, not really to penalize neglect or sleeping upon one’s right, but rather to avoid
recognizing a right when to do so would result in a clearly inequitable situation.

2. May an action for reconveyance of property due to nullity of the contract prescribe or be barred by laches?
Explain.

It may not prescribe as void contracts may not be prescribed. However, it can be barred by laches.

“x x x The defense of laches applies independently of prescription. Laches is different from the statute of
limitations. Prescription is concerned with the fact of delay, whereas laches is concerned with the effect of
delay. Prescription is a matter of time; laches is principally a question of inequity of permitting a claim to be
enforced, this inequity being founded on some change in the condition of the property or the relation of the
parties. Prescription is statutory; laches is not. Laches applies in inequity, whereas prescription applies at law.
Prescription is based on fixed-time; laches is not.”

3. A owned a parcel of unregistered land located on the Tarlac side of the boundary between Tarlac and
Pangasinan. His brother, B, owned the adjoining parcel of unregistered land on the Pangasinan side.
A sold the Tarlac parcel to X in a deed of sale executed as a public instrument by A and X. after X paid in full
the price of the sale, X took possession of the Pangasinan parcel in the belief that it was the Tarlac parcel
covered by the deed of sale executed by A and X.
After twelve (12) years, a controversy arose between B and X on the issue of the ownership of the Pangasinan
parcel.
B claims a vested right of ownership over the Pangasinan parcel because B never sold that parcel to X or to
anyone else.
On the other hand, X claims a vested right of ownership over the pangasinan parcel by acquisitive prescription.
Because X possessed this parcel for over ten (10) years under claim of ownership.
Decide on these claims, give your reason.

X cannot claim the right of vested ownership over the Pangasinan parcel of land by acquisitive
prescription. In addition to the requisites common to ordinary and extraordinary acquisitive
prescription consisting of uninterrupted, peaceful, public, adverse and actual possession in the
concept of owner, ordinary acquisitive prescription for ten (10) years, prescription requires (1)
possession in good faith and (2) just title. "Just title" means that the adverse claimant came into
possession of the property through one of the modes recognized by law for the acquisition of
ownership but the grantor was not the owner or could not transmit any right. In this case, there is
no "just title" and no "mode" that can be invoked by X for the acquisition of the Markina parcel
of land. There was no constructive delivery of the Marikina parcel of land because it was not the
subject-matter of the deed of sale. Hence, B retains ownership of the Markina parcel of land.
4. What do you understand by good faith?
A possessor is considered in good faith, if he is not aware of the existence of any flaw or defect
in his title or mode of acquisition which invalidates it (Article 526 in relation to Article 1128).
Good faith consists in the reasonable belief that the person from whom he received the thing was
the owner thereof, and could transmit his ownership (Article 1127).
The related Articles which must be considered in the determination of good faith in prescription
of ownership are the following:
a. Article 526 -- He is deemed a possessor in good faith who is not aware that there exists in his
title or mode of acquisition any flaw which invalidates it. He is deemed a possessor in bad faith
who possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult
question of law may be the basis of good faith.
b. Article 527 -- Good faith is always presumed, and upon him who alleges bad faith on the part
of a possessor rests the burden of proof.
c. Article 528 -- Possession acquired in good faith does not lose this character except in the case
and from the moment facts exist which show that the possessor is not unaware that he possesses
the thing improperly or wrongfully.
d. Article 529 -- It is presumed that possession continues to be enjoyed in the same character in
which it was acquired, until the contrary is proved.

5. When is there just title?

WHAT IS MEANT BY “JUST TITLE”? Just title means that the possessor obtained the
possession of the property through one of the modes recognized by law for acquiring ownership
(as enumerated under Article 712) but the transferor or grantor was not the owner of the property
or he has no power to transmit the right (Article 1129). The just title is intended to transmit
ownership and could have actually transmitted ownership had the transferor or grantor been the
true owner of the property. This kind of possession arising from a just title can ripen into
ownership if the other elements of prescription are present.

6. X stole the car of Y. can he acquire it by prescription?

Nope. Article 1133. Movables possessed through a crime can never be acquired through prescription by the
offender.

7. Within what period should an action to foreclose a mortgage over a real property be filed? Explain.
After 10 years

8. What is the period prescribed by law for recovery of real property based on fraud? Explain.
It would be 30 years via extraordinary acquisitive prescription.Here, good faith is not necessary, neither is a
just title

9. How may prescription of actions be interruped?

Article 1121. Possession is naturally interrupted when through any cause it should cease for more than one
year.

The old possession is not revived if a new possession should be exercised by the same adverse claimant.
(1944a)

Article 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor
of the prescription. (n)

Article 1123. Civil interruption is produced by judicial summons to the possessor

Article 1125. Any express or tacit recognition which the possessor may make of the owner's right also
interrupts possession. (1948)

10. A and B entered into a contract of sale over a parcel of land in 1972 but the property was never delivered to
B. A still had control and possession of the same since 1938 up to 1993 when B demanded for its delivery.
When A refused, B filed an action for specific performance. A interposed the defense of prescription. Is the
contention proper? why?
Article 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)