OBLIGATION AND CONTRACTS
Prepared by : Evelyn Chua Bergantinos-De Matias
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
