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 Prescription - mode of acquiring (or losing) ownership and other real rights thru the
manner and under the conditions laid down by law.
lapse of time
In the same way, rights and conditions are lost by prescription. (1930a)
Possession - O-P-P-U-A open, public, peaceful, uninterrupted, adverse
adverse - claimant must clearly, defi nitely, and unequivocally notify the owner of his
Basis - E-F-C-P, economic necessity, freedom from judicial harrassment, convenience in procedural
(the claimant’s) intention to avert an exclusive ownership in himself
matters, Presumed abandonment or waiver
period of time, must be shown clearly
Laches ( “estoppel by laches”) - unreasonable delay in the bringing of a cause of action before the courts Classification of Prescription:
of justice - principle of laches is a creation of equity.
(a) as to whether rights are acquired or lost: 1: acquisitive prescription - 1.a ordinary
SC Definition: 1. failure or neglect, for an unreasonable and unexplained length of time, to do that
prescription ; 1.b extraordinary prescription; 2. extinctive prescription
which, by exercising due diligence, could or should have been done earlier
(b) as to the object or subject matter: 1. prescription of property - 1.a. real property;
2. it is negligence or omission to assert a right within a reasonable time, warranting a presumption that 1.b prescription of personal rights; 2. prescription of rights
the party entitled thereto either has abandoned it or declined to assert it
Right of the State to recover properties unlawfully acquired by public offi cials or
Prescription must yield to the higher interest of justice
employees - shall not be barred by prescription, laches, or estoppel.
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. (1931a)
Reason Why Minors May Acquire Personally - This is because only juridical capacity is
required for possession, not capacity to act
Donation by Paramour - husband can acquire by prescription the property donated
only by extraordinary prescription - lacking the element of “just title.” - under the law,
they are incapacitated to donate to each other
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. (1932a)
These people are supposed to be protected by those in charge - can claim damages
against the latter persons
State and Its Subdivisions - No prescription can run against them, except with reference
to patrimonial property
Minors and incapacitated persons with parents, guardians - prescription can still run
against minors, the insane, and those in jail, except that these people may still bring the
action within a number of years after their disability has been removed: (a) 3 years — in
case of recovery of land (b) 2 years — in other civil actions
Art. 1109. Prescription does not run between husband and wife, even though there be a separation of Reason - close relationship between them, engendered by affection or infl uence, may
property agreed upon in the marriage settlements or by judicial decree.
prevent one from suing the other
Neither does prescription run between parents and children, during the minority or insanity of the latter, Exceptions: 1. legal separation suits;
and between guardian and ward during the continuance of the guardianship. (n)
2. alienations made by the husband, without the wife’s consent
Art. 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. (n)
Art. 1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. (1933)
Limitation - prescription obtained by a co-owner must have reference to the property held in
commonnaturally; otherwise the Article does not apply.
This Article refers to a married woman and a strange
Reason - acts for the interest of the whole co-ownership
Note: between or among co-owners, there can be prescription when there is a defi nite
repudiation of the co-ownership, made known to the other co-owners
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. (1935)
Requisites for Renunciation of Property Acquired by Prescription
1. Renouncer must have capacity to alienate property; 2. property acquired must have
already been obtained; 3. renouncing must be made by the owner of the right; 4.
renouncing must not prejudice the rights of others
Forms of Renunciation:
(a) may be express or implied (tacit) - action which implies the abandonment of the
right acquired
(b) requires no consent on the part of the person to be benefited
(c) requires no solemnities or formalities
Art. 1113. All things which are within the commerce of men are susceptible of prescription, unless
Patrimonial Property - same category as private properties subject to prescription
otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not cannot be subject to prescription - Public Property; privately owned unregistered lands be the object of prescription. (1936a)
presumed to be public lands unless contrary is shown
Things or Properties That Cannot Be Acquired by Prescription
- Torrens title, movable through crime, outside commerce of men, properties of
spouses, parents-children, ward-guardian, under restrictions imposed by law
Art. 1114. Creditors and all other persons interested in making the prescription effective may avail
Reason for the law - While rights may be waived, third persons with a right recognized
themselves thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. (1937) by law should not be prejudice
Art. 1115. The provisions of the present Title are understood to be without prejudice to what in this
Code or in special laws is established with respect to specific cases of prescription. (1938)
Specific provisions on prescription found elsewhere in the Code, or in special laws,
prevail over the provisions of this Chapter - lex specialis derogat legi generali
Art. 1116. Prescription already running before the effectivity of this Code shall be governed by laws
previously in force; but if since the time this Code took effect the entire period herein required for
prescription should elapse, the present Code shall be applicable, even though by the former laws a
longer period might be required. (1939)
Transitional Rules for Prescription
1. BEGAN and ENDED under the OLD laws, said OLD laws govern
2. BEGAN under the NEW Civil Code, the NEW Civil Code governs
3. OLD law, and continues under the NEW Civil Code, the OLD law applies
Exception: NEW Civil Code applies if
1. NCC requires a shorter period
2. shorter period has already elapsed since Aug. 30, 1950
CHAPTER 2 PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS
Art. 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.
Ordinary acquisitive prescription requires possession of things in good faith and with just title for the
time fixed by law. (1940a)
Requisites Common to Ordinary and Extraordinary Prescription C-O-L-P
1. Capacity of to acquire by prescription
2. object susceptible to prescription
3. Lapse of time
4. Possesion must be POPPCAP a. actual Possesion; b. concept of Owner, c Public or
open, d. Peaceful, e. Contious or uninterrupted, f. Adverse; g. satisfy full Period
Other REquisites - 1. ORdinary - a. good faith and just title; 2. Extraordinary - none
Art. 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted.
owner - not holder/administrator; public - not clandestine or non-apparent; not thru
force, violence, or intimidation
Art. 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner
shall not be available for the purposes of possession. (1942)
implied recognition of ownership residing in ANOTHER.
License - official document that gives persmission to do something
Art. 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)
GR: prescription is interrupted - the old possession will generally not be counted; the
period must begin all over again
Suspension - old possession will be ADDED
cases when: 1. moratorium (delay) payment of debts; during war (civil courts not
open Art 1136)
Art. 1121. Possession is naturally interrupted when through any cause it should cease for more than one Possession de facto - loss if property possess by another for more than 1 year
year.
for 1 year or less - as if not interrupted
The old possession is not revived if a new possession should be exercised by the same adverse claimant.
(1944a)
Art. 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in
favor of the prescription. (n)
as if not interrupted - continuous
Art. 1123. Civil interruption is produced by judicial summons to the possessor. (1945a)
Art. 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to
interruption:
(1) If it should be void for lack of legal solemnities;
(2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;
(3) If the possessor should be absolved from the complaint.
In all these cases, the period of the interruption shall be counted for the prescription. (1946a)
The defi nition is implicit in the Article.
When Judicial Summons Cannot Be Considered Civil Interruption
Note: If the possessors are sued, but emerge victorious, it is as if there was no
interruption during the period of the suit - apparent interruption
V-D-A
1. void for lack of legal solemnities - judicial summons
2. desistance from complaint or lapse of proceedings by plaintiff
3. absolved from complaint - possessor
applies to acquisitive not extinctive prescription (Art 1120,1123, 1124)
Art. 1125. Any express or tacit recognition which the possessor may make of the owner's right also
interrupts possession. (1948)
Reason for the Article — Here the possession is no longer in concepto de dueño or
adverse
Art. 1126. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real
rights shall not take place to the prejudice of a third person, except in virtue of another title also
recorded; and the time shall begin to run from the recording of the latter.
As to lands registered under the Land Registration Act, the provisions of that special law shall govern.
(1949a)
Torrens Title - cannot be acquired by prescription - can be invoked only by one under whose name (or
under whose predecessor’s name) it was registered
Application: all other land not registered under the Land Registration Law (with a
Torrens Title)
Case of Arcadio(owner- registered land but not under Torrens)-Artemio(possessor thru
seller/forger)-Benedicto(purchases from Arcadio/ prop is in possession of Artemio for
12 years already - presc per is 10 years) - good faith acquisition: Arcadio could validly
transfer ownership to Benedicto. Artemio’s prescriptive right should clearly not
prejudice Benedicto
Art. 1127. The good faith of the possessor consists in the reasonable belief that the person from whom
he received the thing was the owner thereof, and could transmit his ownership. (1950a)
applies in connection with prescription; good faith - reasonable belief that the person is
the owner and could transmit ownership
Art. 1128. The conditions of good faith required for possession in Articles 526, 527, 528, and 529 of this requisites must be ALL Present - otherwise not in good faith
Code are likewise necessary for the determination of good faith in the prescription of ownership and
Art 526 - not aware of existence of flaw in title or mode of acquisition - make invalid
other real rights. (1951)
- mistake upon doubtful or difficult question of the law
Art 527 - good faith presumed - bad faith needs to be proven by who allege
Art 528 - possession through good faith does not lose character unless facts exist which
The good faith must last throughout the required period
show that the possessor is not unaware that he possesses the thing improperly or
Good Faith Changing to Bad Faith - years of possession would be required
wrongfully
1. Real prop - 3 years in bad faith for 1 year in good faith
Art 529 - possession continues to be enjoyed in the same character in which it was
2. personal prop - 2 years in bad faith for 1 year in good faith
acquired, until the contrary is proved
Art. 1129. For the purposes of prescription, there is just title when the adverse claimant came into
titulo colorado -there was a mode of acquisition but the grantor was not the owner.
possession of the property through one of the modes recognized by law for the acquisition of ownership Had he been the owner, there would be no more necessity for prescription
or other real rights, but the grantor was not the owner or could not transmit any right. (n)
Art. 1130. The title for prescription must be true and valid. (1953)
True and valid - mode should ordinarily have been valid and true
Another defect other than not the owner w/c render acquisition void - title thus
acquired would not be sufficient for ordinary prescription. - e.g. Absolutley simulated
contracts; husband pretend to be owner to donate to property - acquisition only
through extraordinary prescription
Art. 1131. For the purposes of prescription, just title must be proved; it is never presumed. (1954a)
Necessity of Proving the Just Title
(a) Proof is needed in view of the aggressive or offensive character of prescription
(b) presumption of just title given under Art. 541 regarding DEFENSE of rights does not
apply
Art 541 - A possessor in the concept of owner has in his favor the legal presumption that he
possesses with a just title and he cannot be obliged to show or prove it.
Art. 1132. The ownership of movables prescribes through uninterrupted possession for four years in
good faith.
The ownership of personal property also prescribes through uninterrupted 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
merchant's store the provisions of Articles 559 and 1505 of this Code shall be observed. (1955a)
Movable properties
Ordinary - good faith - uninterrupted possession for 4 years
Extra ordinary no condition - uninterrupted possession for 8 years
Rule with Respect to Lost Movables and Those of Which the Owner Has Been Illegally
Deprived - possession acquired in good faith is equivalent to a title; owner may
recover from possessor with reimbursement for the price paid by possessor who
acquire in good faith in a public sale
Rule with Respect to Public Sales, Fairs, Markets, and Merchant’s Store - if seller sells
without authority or consent - buyer has no title on the goods - unless owner's own
conduct preclude from denying authority of the seller - (Art 1505)
This title does not affect: (Art 1505)
1. laws enabling apparent owner to sell goods as if his own
2. validity of contracts - under statutory power of sale / order of a court of competent jurisdiction
3. Purchases in a merchant’s store, or in fairs, or markets covered under Code of Commerce and special Art 559 - good faith good as title
laws
Art. 1133. Movables possessed through a crime can never be acquired through prescription by the
offender. (1956a)
Note the word “offender.” By implication, subsequent acquirers from the “offender”
may acquire the property by prescription.
Rule for Immovables (Where Crimes Are Involved) Regarding immovables, possession
by force or violence does not give rise to prescription
Art. 1134. Ownership and other real rights over immovable property are acquired by ordinary
prescription through possession of ten years. (1957a)
Prescriptive Periods for Acquiring Real Property
(a) ordinary prescription — 10 years
(b) extraordinary prescription — 30 years
Art. 1135. In case the adverse claimant possesses by mistake an area greater, or less than that expressed When Area Possessed Varies from Area in Title - based on possession
in his title, prescription shall be based on the possession. (n)
1. possession - actual and constructive possession
2. possession prevails over title - title is required - no title - art 1135 does not apply
3. possession by mistake
Art. 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the
adverse claimant.
Fortuitous Event — Effect on Prescription “the period during which the obligee was prevented by
a fortuitous event from enforcing his right is not reckoned against him (Art. 1154 of CC
Application: 1. Possession in War Time; 2. civil courts are not open (see 1120)
statute of limitations is suspended if during wartime, courts are not or cannot be kept
open
Requisite: party invoking show that the court was closed or could not be opened for
business as a consequence of chaos and confusion - question of fact
Art. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted
adverse possession thereof for thirty years, without need of title or of good faith. (1959a)
Extraordinary Prescription With Respect to Immovables - 30 years
Requirement - none - no good faith nor just title
Ex. Void donation - or not validly accepted - can be acquired by donee thru EP
Retroactive Effect of the Prescription - as soon as the necessary period has lapsed, is
considered the owner from the BEGINNING of the possession
Effect - 1. encumbrance made by possessor during the period is valid
2. encumbrance made by owner is not binding on the acquirer by prescrip.
3. acquirer entitle to fruits
Art. 1138. In the computation of time necessary for prescription the following rules shall be observed:
Tacking of Possession - a. This means ADDING the period of possession of the
(1) The present possessor may complete the period necessary for prescription by tacking his possession predecessor. Reason: The true owner of the property was not in possession
to that of his grantor or predecessor in interest;
b. allowed only if there be privity (sucessive legal interest) of relationship between
(2) It is presumed that the present possessor who was also the possessor at a previous time, has
the predecessor and the successor - intruder or usurper cannot tack
continued to be in possession during the intervening time, unless there is proof to the contrary;
c. allowed if possession of predecessor satisfy requisite of prescription (Art 1117
(3) The first day shall be excluded and the last day included. (1960a)
COLP-POPPCAP)
Presumption of Continuing Possession -is expressly declared to be rebuttable.
CHAPTER 3 PRESCRIPTION OF ACTIONS
Art. 1139. Actions prescribe by the mere lapse of time fixed by law. (1961)
-general Statute of Limitations
By the mere lapse of the time indicated in the law. There is no other requirement
Prescription as a Defense - must be specifically pleaded and proved - otherwise proof
Effect of Death on Prescription - scenario: father has a cause of action against a stranger died before
cannot later on be presented if objection is made to the introduction of such proof
end of prescription and children are minors - prescription continue to run
issue of prescription can be decided from the averments of the pleadings - NO
exception: statute provides otherwise - e.g.
necessity of receiving evidence on the matter - Court may dismiss the complaint on the
principle - when a Statute begins to run, no subsequent disability can stop its operation unless
ground of prescription
specially so provided in the statute
Conflict of Laws - Variance of Foreign and Local Law Re Prescription
Act 190 (Code of Civil Procedure) which states that “if, by the laws of the State or
How Long Is a Month - The term “month” as used in a law (such as Art. 90 of the Revised Penal Code) is country where the cause of action arose, the action is barred, it is also barred in the
understood to refer to a 30-day month and not to a calendar month.
Philippines.”
however if no proof that claim was barred under foreign - absence of proof of the
Does a property deemed part of the public forest prescribe? - An action for reversion fi led by the State foreign law, it is presumed to be the same as Philippine law. (“processual presumption")
to recover property registered in favor of any party which is part of the public forest or of a forest
reservation never prescribes
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)
Recovery of Movables
extraordinary prescription for movables - 8 years from the time the possession thereof
is lost
unless - acquisitive prescription of possessor for less period (Art 1132)
without prejudice to provisions of the ff
Art 559 - possession of good faith equivalent to a title
1505 - purchase of goods from seller w/o owner consent (See art 1132)
1133 - possess through crime - no prescription
Art. 1141. Real actions over immovables prescribe after thirty years.
Recovery of Immovables
This provision is without prejudice to what is established for the acquisition of ownership and other real (a) This refers to extraordinary prescription for immovables. (b) The possession de jure
rights by prescription. (1963)
of an immovable is lost, however, at the end of 10 years
w/o prejudice to acquisitive prescription:
statutory period of prescription is deemed to have commenced when petitioners were made aware Art 1134 - ordinary - 10 years
of a claim adverse to them, i.e., when the affi davit of adjudication was duly registered with the Registry Art 1137 - extraordinary - 30 years
of Deeds
Art. 1142. A mortgage action prescribes after ten years. (1964a)
When Period Begins - From the day on which it could have been brought - from the
moment the surety company pays by reason of said bond because from said date, the
Effect if Mortgage Is Registered - the action to foreclose upon it may still prescribe.
mortgagors become liable, and foreclosure can be made
Effect on Interest on Debt - If a mortgage debt had already prescribed, so also has the action to recover Lands With a Torrens Title - right to foreclose a mortgage on such lands does prescribe
interest thereon
for what does not prescribe is the ownership of said lands.
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)
also covers the right to demand a compulsory or legal easement of drainage
Reason for the non-prescriptibility: public policy
Some Other Actions That Do Not Prescribe
1. demand partition of a co-ownership (expressly or implicitly recognized) Art 494
2. declaration of contract of marriage as null and void or inexistent 7. An action to compel reconveyance of property with a Torrens Title does NOT prescribe if the
3. action to have a will probated
registered owner had obtained registration in bad faith, and the property is still in the latter’s name. The 4. action for the quieting of title so long as the plaintiff is in possession of the property
reason is that the registration is in the nature of a continuing and subsisting trust
5. right to demand support( present and future) but installments on support in arrears
8. An action brought by a buyer of land to compel the seller to execute the proper deed of conveyance may prescribe
does NOT prescribe, provided that said buyer is still in POSSESSION
6. an action to recover property expressly placed in trust (express trust) cannot
9. An action by the registered owner of land (protected by a Torrens Title) to recover possession of said prescribe in view of the confi dence reposed, UNLESS such trust has been repudiated
land
unequivocally.
constructive trusts are affected by prescription and laches in view of the lack of confi
dence or fi duciary relations.
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)
The Article enumerates three kinds. Other actions that prescribe in 10 years include the
following: (a) action to recover de jure possession of real property from a possessor in
good faith.
(b) a real mortgage action. (Art. 1142, Civil Code).
[NOTE: An action to annul a marriage on the ground of impotency prescribes in eight (8)
years, counted from the celebration of the marriage
Art. 1145. The following actions must be commenced within six years:
Any other action whose period has not been fi xed in the Civil Code or in other laws, to
(1) Upon an oral contract;
be counted from the time the right of action accrues
(2) Upon a quasi-contract. (n)
However, when the action arises from or out of any act, activity, or conduct of any public officer involving quasi-contract of solutio indebiti, -, prescribes in six years
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. (amended by PD 1755 effective immediately
done Dec 24, 1980)
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.)
Injury to the Rights of the Plaintiff - e.g. a case involving a plaintiff separated from his
employment for alleged unjustifi able causes
Rules for Quasi-Delicts (torts) (a) In a quasi-delict, period begins from the day the
quasidelict was committed; (b) must be filed within 4 years
Under the Code of Civil Procedure, an action to recover personal property, and an
Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay action for the recovery of damages for taking, retaining, or injuring personal property,
for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is can only be brought within 4 years after the right of action accrues
called a quasi-delict and is governed by the provisions of this Chapter
Art. 1147. The following actions must be filed within one year:
(1) For forcible entry and detainer;
(2) For defamation. (n)
Others: 1. revocation of donation due to acts of ingratitude
Reckoning period: 1. Forcible entry - period is counted from date of unlawful
deprivation
2. unlawful detainer - period is to be counted from the date of last demand
3. libel - from the time the offended party knows of the libelous matter
Art. 1148. The limitations of action mentioned in Articles 1140 to 1142, and 1144 to 1147 are without
general application absence of any special laws or specific provisions
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)
General Proviso — 5 years The Article explains itself.
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)
Reckoning date of the prescription:
GR: period shall be counted from the day the action may be brought
Exception: except if there is a special provision that ordains otherwise.
Reason for the Law: One cannot be said to begin sleeping on his rights, if such rights
have not yet accrued. Thus, the starting point is the legal possibility
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)
Obligations to Pay Principal With Interest or Annuity Example: If a matured debt is
recognized later by the payment of interest, the prescriptive period begins, not from
the date of maturity, but from the last payment of said interest.
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)
Obligations Declared by a Judgment The Article explains itselt
Date of finality of judgement - 15 days from date of decision, prescription stops or is
suspended upon appeal
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)
The first paragraph deals with the demand for accounting= day the person cease their
functions
the second deals with the result of the accounting = result was recognized by
agreement of the interested parties
Accounting vs Reliquidation = There is NO difference = both involve the determination
and settlement of what is due the parties under the provisions of the law
Art. 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his
right is not reckoned against him. (n)
Effect of a Fortuitous Event The Article explains itself. After all, fortuitous events are
generally exempt.
Art. 1155. The prescription of actions is interrupted when they are filed before the court, when there is a Prescription of ACTION - when interrupted
written extrajudicial demand by the creditors, and when there is any written acknowledgment of the
1, file before court - judicial demand
debt by the debtor. (1973a)
if case is dismissed w/o unfavorable judgement - does not constitute interruption
not the same with Art 1124 - this is true even if there were no summons issued and
Moratorium Law Suspended Right to Sue The Moratorium Law suspended the creditor’s right to sue,
even if there be no judgment
and for purposes of prescription, the time it was in force must be excluded from the computation.
2. written extrajudicial demand - oral or verbal acknowledgment has been held insuffi
cient to interrupt or suspend the running of the prescriptive period.
Closure of Courts During the Japanese Occupation Judicial notice may be taken of the fact that the
Like the Statute of Frauds, the plain purpose of the law is to avoid uncertainty in the
regular courts were closed or ceased to function with the overrunning of Luzon by the Japanese forces in determination of the periods of limitation, and not leave such determination on the
Dec. 1941. They did not reopen until Jan. 30, 1942. This interruption in the functions of the courts
fallacies of human memory.
naturally suspended also the running of the prescriptive period.
It would be different, however, if such oral acknowledgment assumes a new
obligation, and is not merely a promise to pay an old debt at a future time
Actions Under the Carriage of Goods by Sea Act The interruption by a written extrajudicial demand
Written extrajudicial demands made AFTER an action has prescribed do NOT of
does not apply to actions under the Carriage of Goods by Sea Act, which must be filed within one year
course revive the action
from receipt of the cargo
3. written acknowledgment by the debtor of his debt
Effect of a Motion for Reconsideration A motion for reconsideration on the ground that the decision is
completely against the evidence and the law, without pointing out the fi nding and pronouncement
made in the judgment that were allegedly contrary to the evidence and the law is pro forma and does
not stop the running of the period within which to appeal