OBLIGATION AND CONTRACTS NOTES ON PRESCRIPTION

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
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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
: 8 years
Extraordinary prescription
: 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:
- bad faith
- passed to innocent
buyer

Prescription
imprescriptible
10 years
4 years

Reckoning
From the issuance of title.
From discovery of fraud

Imprescriptible
Imprescriptible

Nullity of a void judgment

Ordinary Acquisitive
Prescription:
- immovables
- movables

imprescriptible

10 years
4 years
Extraordinary Prescription
immovables
movables
Nullity of Falsified Deed of
Sale
Torrens Titles
Right to seek partition of
land when co-ownership is
recognized
Ejectment
Against Administrative
offenses
Probate of will

30
8 years
imprescriptible
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

imprescriptible

Deportation of alien

5 years

Recovery of purchase price

Refund of tax

2 yrs
2 yrs

From date the cause of

deportation arose
From the date of sale
From the date of tax

assessment
Claim for payment

10 yrs

Revocation of donation for

non-compliance of
conditions stipulated;

4 years

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

4 years

Revocation of donation
based on ingratitude
1 year

Mortgage Action

Demand for right of way

Bring action to abate a
public or private nuisance
Quiet a Title (as long as the
plaintiff is in possession of
the property)
Right to demand support
Action to recover property
in express trust (based on
confidence & trust)
UNLESS: In view of lack
of confidence or fiduciary
relations

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)
imprescriptible
imprescriptible
imprescriptible
Imprescriptible
(installments on support in
arrears may prescribe)
Imprescriptible

- may prescribe with latches

From time the donor has

knowledge of the fact.
The moment surety
company pays the bond

Recovery of registered
owner of land with Torrens
Title
Upon written contract

imprescriptible

Rescission of contract

4 years

Annulment for contract

4 years

10 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
Compensation from
employer
Oral contract

10 years
10 years
(enforcement by writ of
execution 5 years)
10 years
6 years

Quasi-contract

6 years

Upon injury to right of

plaintiff
Quasi-delict / tort

4 years

Annulment of marriage
based on fraud, non-age,
force, intimidation

4 years
(Family Code: 5 yrs)

4 years

Annulment of marriage due

to impotency

8 years

Forcible entry and detainer

1 year

From time such is

committed
From time fraud, force,
etc. cease

From the time of celebration

of the marriage
Date of unlawful
deprivation (forcible entry)
Date of last demand (for
detainer)

Defamation

1 year

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

5 years
(Family Code)
1 year

Other actions not fixed by

Law
Claim for legitimacy of a
legitimate child
Establishment of
illegitimate filiation of
illegitimate child
Recovery of the purchase
price
Action of buyer of land to
compel seller to execute
deed of conveyance
Annulment of contract
entered by minors or
incapacitated persons
Forcible entry
Forcible detainer

Knowledge of cause
From recording of birth to
the local civil registry

2 years
3 years
5 years
imprescriptible

From the time the right of

actionaccrues.
May bring action as long as
the person lives

imprescriptible

May bring the action in his

lifetime

2 years

From the date of sale

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

1 year