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

-          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                  :  10 years
Extraordinary prescription           :  30 years

Movables / Personal Properties              
Ordinary prescription                  :  8 years
Extraordinary prescription           :  4 years


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