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

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	Prescription	Reckoning
Nullity of marriage	imprescriptible	-
Reconveyance    - if resulting from fraud    - Torrens title obtained in:            - bad faith            - passed to innocent buyer	10 years   4 years Imprescriptible Imprescriptible	From the issuance of title. From discovery of fraud - -
Nullity of a void judgment	imprescriptible	-
Ordinary Acquisitive Prescription:       -     immovables       -     movables	10 years   4 years
Extraordinary Prescription -          immovables -          movables	30   8 years
Nullity of Falsified Deed of Sale	imprescriptible	-
Torrens Titles	Imprescriptible but may lose ownership thru latches	LATCHES – unreasonable delay to bring cause of action.
Right to seek partition of land when co-ownership is recognized	Imprescriptible Exception: when co-owner repudiates the ownership, action prescribes in ______.	Not barred by latches
Ejectment	1 year	-
Against Administrative offenses	imprescriptible	-
Probate of will	imprescriptible
Deportation of alien	5 years	From date the cause of deportation arose
Recovery of purchase price	2 yrs	From the date of sale
Refund of tax	2 yrs	From the date of tax assessment
Claim for payment	10 yrs
Revocation of donation for non-compliance of conditions stipulated; Reduction of donation based on birth, appearance, or adoption of a child Revocation of donation based on ingratitude	4 years 4 years 1 year	From time the donor has knowledge of the fact.
Mortgage Action	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)	The moment surety company pays the bond
Demand for right of way	imprescriptible
Bring action to abate a public or private nuisance	imprescriptible
Quiet a Title (as long as the plaintiff is in possession of the property)	imprescriptible
Right to demand support	Imprescriptible (installments on support in arrears may prescribe)
Action to recover property in express trust (based on confidence & trust) UNLESS: In view of lack of confidence or fiduciary relations	Imprescriptible - may prescribe with latches
Recovery of registered owner of land with Torrens Title	imprescriptible
Upon written contract Rescission of contract Annulment for contract	10 years 4 years 4 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	10 years
Upon a judgment	10 years (enforcement by writ of execution – 5 years)
Compensation from employer	10 years
Oral contract	6 years
Quasi-contract	6 years
Upon injury to right of plaintiff	4 years
Quasi-delict / tort	4 years	From time such is committed
Annulment of marriage based on fraud, non-age, force, intimidation Annulment of marriage due to impotency	4 years (Family Code: 5 yrs) 8 years	From time fraud, force, etc…. cease From the time of celebration of the marriage
Forcible entry and detainer	1 year	Date of unlawful deprivation (forcible entry) Date of last demand (for detainer)
Defamation	1 year
Legal separation	5 years	Knowledge of cause
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	(Family Code) 1 year 2 years 3 years	From recording of birth to the local civil registry
Other actions not fixed by Law	5 years	From the time the right of action accrues.
Claim for legitimacy of a legitimate child Establishment of illegitimate filiation of illegitimate child	imprescriptible imprescriptible	May bring action as long as the person lives May bring the action in his lifetime
Recovery of the purchase price	2 years	From the date of sale
Action of buyer of land to compel seller to execute deed of conveyance	imprescriptible	As long as the buyer still in possession of the property
Annulment of contract entered by minors or incapacitated persons	4 years	From the time guardianship ceases
Forcible entry	1 year	From time of unlawful deprivation and discovery
Forcible detainer	1 year	From the date of last demand