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 manner and under the conditions laid down by law.
In the same way, rights and actions are lost by prescription. (1930a)

SOURCE: Arturo M. Tolentino, Ph. B., D.C.L.

Two Kinds
1. Acquisitive Prescription or Adverse Acquisition of ownership and other real
Possession and Usucapcion rights through the lapse of time.

Acquisition of a right by the lapse of time.

*Usucapcion is a method of ownership or
right to ownership on the basis of
possession of it for a prescribed period.
Example: right to a real property or to an
easement (right to cross or otherwise use
someone else’s land for a qualified purpose)
by prescription

a. Basis Assertion of the usurper of an adverse right

for such a long time, uncontested by the
owner of the right, as to give rise to the
presumption that the latter has given up
such right in favor of the former.

b. Effect Whatever is paid or delivered due to the

promptings of conscience (equally strong
and incessant) cannot be recovered.

*Tacit Renunciation of Prescription The voluntary return of the property, even

(Art. 1112) if it is not viewed as a performance of a
natural obligation.

c. Retroactivity It is retroactive.

d. As a Defense
2. Extinctive Prescription or
Limitation of Actions
a. Basis
b. Purpose of the Law
c. As a Defense
Once the period is completed, the new
owner is considered as having acquired the
thing or right from the moment the period
began to run.
If the defense is that the occupant of
property is the absolute owner because of
acquisitive prescription, the plea of
ownership would be sufficient to justify
proof thereof, even if there is no allegation
of prescription of action.
Loss of a right of action by the lapse of time.
Based on the probability, born of
experience, that the alleged right which
accrued in the distant past never existed or
has already been extinguished; or, if it
exists, the inconvenience caused by the
lapse of time should be borne by the party
negligent in the assertion of his right.
Protect the diligent and vigilant, not the
person who sleeps on his rights, forgetting
them and taking no trouble of exercising
them one way or another to show that he
truly has such rights.
It must be expressly relied upon in the
pleadings.
It cannot be availed of, unless it is specially
pleaded in the answer; and it must be
proved or established with the same degree
of certainty as any essential allegation in the
civil action.
When the plaintiff’s own allegation show
clearly that the action has prescribed, the
Court may dismiss the complaint on the
ground of prescription.
 Must be pleaded before the trial.

If before trial a party has NO means of

knowing that the opponent’s claim is
barred, it may be pleaded later as soon as
the true nature of the claim is discovered.

Error in Court Permitting proof of prescription, which is

not defensively pleaded and the proof is
objected to.

General Rules:
 Prescription, whether, acquisitive or extinctive, is based on negligence, carelessness, or
presumed abandonment by the owner of a right, whether patrimonial or remedial.

SOURCE: Justice Edgardo L. Paras

Prescription Mode of acquiring or losing ownership and

other real rights through the lapse of time in
the manner and under the conditions laid
down by law.

a. Characteristics of Possession In the concept of an owner

(CPuPeUA) Public
Peaceful
Uninterrupted (Arts. 1106, 1118, Civil Code)
Adverse (Claimant must clearly, definitely,
unequivocally notify the owner of the
intention to avert ownership in himself.
Director of Lands v. Abiertas, CA-GR91-R,
March 13, 1947, 44 O.G. 923 and Clendenin
v. Clendenin, 181 N.C. 465)

b. Proof is needed All the essential ingredients, particularly the

period of time must be shown clearly
because it is an extraordinary mode of
acquiring ownership. (Boyo v. Makabenta,
CA-GR 7941-R, Nov.24, 1952)

c. Reasons or Bases
(EFCP)
i. Economic Necessity Ensures the stability of the property rights.
 Ex. Attempts of humble people to have
disposable lands they have been tilling for
generations titled in their names should be
viewed as a matter of policy, which should
be encouraged; and with an understanding
attitude. (Director of Lands, et.al. v.
Funtillar, et.al., GR 68533, May 23, 1986)

ii. Freedom from Judicial Occasioned by claims without basis

Harrassment

iii. Convenience in procedural In certain instances, juridical proof is

matters dispensed with.

iv. Presumed abandonment or In view of the owner’s indifference or

waiver inaction.

d. Classification
i. As to whether rights are
acquired or lost
1. Acquisitive Prescription Prescription of ownership and other real
a. Ordinary Prescription rights.
b. Extraordinary Prescription
Acquisition

Adverse possession leading to the

acquisition of properties and other real
rights.

2. Extinctive Prescription Lost rights and actions through the lapse of

“Liberatory Prescription” time.
“Prescription of Actions”
“Statute of Limitations” Also pertains to real and personal rights.

Right to actions

ii. As to the object or subject

matter
1. Prescription of Property
a. Prescription of real
Property
b. Prescription of personal
rights
 2. Prescription of Rights
Laches or “Estoppel by Laches”
a. Definition Unreasonable delay in the bringing of a
cause of action before the courts of justice.

By Supreme Court “Laches is a failure or neglect, for an

(Cristobal v. Melchor, 78 SCRA 175)
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. However, courts will not be
bound by strictures of the statute of
limitations or laches when manifest wrong
or injuries would result thereby.”

b. Application While an action has not yet prescribed, it

may no longer be brought to court because
of laches.

General Rule If an action prescribes in ten years, it should

be brought to court as soon as possible,
without waiting for eight or nine years.

Exception The delay can be justifiably explained (as

when there is a search for evidence).

Principle Creation of equity.

Applied not really to penalize those who

neglect or sleep upon one’s rights, but
rather avoid recognizing a right when to do
so would result in a clearly inequitable
situation.

Rationale

PRESCRIPTION LACHES
Art. 1117 Acquisitive prescription of dominion and other real rights may be ordinary or
extraordinary.