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(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
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
Imprescriptible
Imprescriptible
Reckoning
From the issuance of title.
From discovery of fraud
-
when
co-ownership
recognized
Ejectment
Against
offenses
Probate of will
1 year
Administrative imprescriptible
imprescriptible
Deportation of alien
5 years
2 yrs
2 yrs
10 yrs
4 years
4 years
in
10 years
(enforcement by writ of execution
5 years)
10 years
Oral contract
6 years
Quasi-contract
6 years
4 years
Quasi-delict / tort
4 years
Annulment of marriage based 4 years
on fraud, non-age, force, (Family Code: 5 yrs)
intimidation
1 year
Date of
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
of
demand
(for
Knowledge of cause
From recording of birth to the
local civil registry
2 years
3 years
Other actions not fixed by Law 5 years
Claim for legitimacy
legitimate child
last
a imprescriptible
2 years
imprescriptible
4 years
From
time guardianshipceases
1 year
Forcible detainer
1 year
the