Art 1106 – Prescription
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One acquires ownership and other real rights through the lapse of time in the manner and under
the conditions laid down by law. Rights and actions are lost by prescription.
Reasons/Basis
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Economic necessity
Freedom from judicial harassment
Convenience in procedural matters
Presumed abandonment or waiver
Classification of Prescription
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Acquisitive Prescription
o Ordinary Prescription – acquired 10yrs, good faith, just title, uninterrupted, in the concept
of owner, public, peaceful, adverse.
o Extraordinary Prescription – 30yrs possession only, nature is uninterrupted, in the
concept of owner, public, peaceful, adverse.
Extinctive Prescription
Laches – unreasonable delay in the bringing of a cause of action before the courts of justice.
Prescription is concerned with the FACT of delay, laches deals with the EFFECT of unreasonable delay.
An action to recover registered land covered by the Torrens System may not be barred by laches.
Prescription does not run in favor of a co-heir or co-owner as long as he expressly or impliedly recognizes
the co-ownership.
Prescription shall begin to run from the day of the commission of the violation o the law.
Who can acquire property or rights by prescription
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Those who can make use of the other modes of acquiring ownership.
Even minors and other incapacitated persons.
o Only because juridical capacity is required for possession, not capacity to act.
Prescription, both acquisitive and extinctive, run against:
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Minors and other incapacitated persons
Absentees who have administrators
Persons living abroad
Juridical Persons, except the State
Married woman
Implied or Tacit Renunciation
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When there is an action which implies the abandonment of the right acquired.
Things or Properties cannot be acquired by prescription:
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Those protected by Torrens Title
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Movables acquired through crime
Those outside the commerce of men
Properties of spouses, parents and children, …
Prescription already running before the effectivity of this Code shall be governed by laws previously in
force.
How possession is interrupted for purposes of prescription:
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Naturally
Civilly
If prescription is interrupted, the possession will generally not be counter, the period must begin all over
again. If merely suspended, the old possession will be added.
Good faith must last throughout the required period
movables – 4yrs in good faith (ordinary), 8yrs (extraordinary prescription)
Personal Property – 8yrs, without need of any other condition
Real property over immovable property – 10 years (ordinary prescription), 30yrs (extraordinary
prescription)
A mortgage action prescribes after 10years.
How actions prescribe
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By mere lapse of time indicated in the law.
Must be brought within 10yrs from the time the right of action accrues:
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Upon a written contract
Upon an obligation
Upon a judgement.
Actions must be commenced within 6yrs
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Upon oral contract
Upon quasi-contract
Actions must be instituted within 4yrs
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Upon an inquiry to the rights of the plaintiffs
Upon a quasi-delict.
Actions must be filed within 1 year
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Forcible entry and detainer
Defamation
Prescription period shall be counted from the day the action may be brought.
Obligation – is a juridical necessity to give, to do or not to do.
Elements:
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Active subject
Passive subject
Object or presentation
Efficient cause
Prestation – is an obligation; subject matter of an obligation.
Kinds of Obligation:
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Sanction
o Civil
o Natural
o moral
Subject matter
o Real
o personal
Affirmativeness and negativeness
o Positive/affirmative
o negative
Persons obliged
o Unilateral
o Bilateral
Sources of obligation:
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Law
Contracts
Quasi-contracts
Acts or omissions punished by law
Quasi-delicts
Terms in contracts:
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Do ut des – I give that you may give
Do ut facias – I give that you may do
Facio ut des – I do that you may give
Facio ut facias -I do that you may do
Good faith – lack of any intentions to commit a wrongdoing.
Quasi-contract – juridical relation resulting from a lawful, voluntary, and unilateral act.
2 principal kinds of quasi-contracts:
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Negotiorum gestio
Solutio indebiti
Civil Liability Arising from a Crime includes:
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Restitution
Reparation of the damage caused
Indemnification for consequential damages
Quasi-delict – fault or act of negligence which causes damages to another, there being no pre-existing
contractual relations between the parties.
Negligence – failure to observe , for the protection of the interest of another person, that degree of care,
precaution, and vigilance which the circumstances justly demand , whereby such other person suffers
injury. (CULPA)
Before a person can be held liable for quasi-delict:
1. There must be fault or negligence
2. There must be damage or injury
3. There must be a direct relation of cause and effect between fault or negligence
Proximate cause- adequate and efficient cause, which in the natural order of events, necessarily produces
the damages or injury complained of.
Damnum absque injuria – damage without legal injury “although there is damages, there is no legal injury
or wrong”
Kins of delivery:
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Actual delivery
Constructive delivery
Real obligation – to give
Personal obligation – to do or not to do
Specific or determinate things – when it is capable of particular designation
Generic or indeterminate Things – when it refers only to a class, to a genus, and cannot be pointed out
with particularity.
Ordinary delay – merely non-performance at the stipulated time
Legal delay (default) - delay which amounts to a virtual nonfulfillment of the obligation.
Default/Mora - in delay
Kinds of Mora:
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Mora solvendi – default on the part of the debtor
Mora accipiendi – default in the part of the creditor
Compensatio morae - reciprocal obligation
Damages or Interest May be lost:
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If the principal obligation is allowed to lapse by prescription
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If the damages or interest are allowed to prescribe
If the damages or interest are condoned.
Grounds for liability in the performance of obligations:
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Fraud
Negligence
Default
Violation of the terms of the obligation
Kinds of damages:
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Moral
Exemplary
Nominal
Temperate
Actual
Liquidated
Liability of Fraud or Dolo – past fraud may be waived, this is not so for future fraud.
Classification of fraud:
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Fraud in obtaining consent
Fraud in performing a contract
o Dolo causante – casual fraud; deception used by one party prior to the contract
o Dolo incidente – incidental fraud; performance in the obligation
Kinds of culpa:
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Culpa contractual – contractual negligence
Culpa aquiliana – civil negligence
Culpa criminal – criminal negligence
Kinds of diligence:
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Agreed by the parties
In the absence of
If fortuitious event was the proximate cause, the obligation is extinguished.
If the negligence was the proximate cause, the obligation is not extinguished.
Usury – receiving something in excess of the amount allowed by law for the loan or use of money, etc.
Kinds of interest:
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Compensationor use of the money
Wasy of damages
Res ipsa loquitor – the occurrence of an accident implies negligence.
Right of the creditor:
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exact payment
exhaust debtor’s properties
accion subrogatoria
accion paulina
Exempt from execution:
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family home
ordinary tools
necessary clothing
household furniture
Pure obligation - one without a condition or term
Conditional Obligation – when there is a condition.
Condition – an uncertain event which wields an influence on a legal relationship.
Obligation is demandable:
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When it is pure
When it has a resolutory condition
Classification of conditions:
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Suspensive – future, uncertain; happening of condition gives rise to the obligation
Resolutory – happening of the condition extinguishes the obligation.
Potestative/Facultative Casual
Mixed
Divisible
Indivisible
Positive – ex: I’ll give you my land if you marry x this year. If x already dead, you have not married,
obligation extinguished.
Negative
Express
Implied
Possible
Impossible – impossible to happen.
Conjunctive – all conditions must be performed
Alternative – only few obligation
Condition is to do an impossible or illegal – both the condition and the obligation are VOID
Condition is negative, not to do the impossible – disregard the condition but the obligation remains.
Condition is negative, not to do an illegal thing – both condition and the obligation are valid.
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Thing is lost without fault of the debtor – Obligation extinguished
Thing is lost through the fault of the debtor – he shall pay the damages
Thing deteriorates without fault of the debtor – impairment is to be borne by the creditor
If deteriorates through the fault – creditor may choose between the recission of the obligation and its
fulfillment
If thing is improved – benefit of the creditor
If improved at the expense of the debtor – he shall have no right than that granted to the unsufructuary
Effects when resolutory condition is fulfilled:
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Obligation is extinguished
Parties restore to each other what thy have received
Rescind obligation is implied in reciprocal one.
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Injured party may choose between the fulfillment and rescission of the obligation.
Rescind (cancel)
Period - a certain length of time which determines the effectivity or the extinguishment of obligations
Kinds of terms or period:
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Definite
Indefinite
Legal
Conventional or voluntary
Judicial
Ex die – period with suspensive effect
In diem – period or term with resolutory effect.
Valid period or term:
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Refer to the future
Must be certain
Physical and legally possible
Period of prescription commences from the time the term in the obligation arrives.
Alternative obligation – two or more prestations which may given, only one is due.
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Right to choose belongs to the debtor, unless expressly granted by the creditor.
Debtor no right to choose when impossible, unlawful or which could not have been the object of
the obligation.
Limitation to debtors choice:
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Impossible
Unlawful
which could not have been the object of the obligation.
Joint and Solidary Obligation – 2 or more creditors or debtors in one and the same obligation
Novation – the modification of an obligation by changing its object or principal conditions.
Divisible obligation – one capable of partial performance
Indivisible obligation – one not capable of partial p[erformance