OBLICON: PRESCRIPTION Ma.

Angela Leonor Aguinaldo

Title V. - PRESCRIPTION

CHAPTER 1
GENERAL PROVISIONS

CONCEPT AND KINDS OF PRESCRIPTION
! Acquisition of a right by the lapse of timeacquisitive prescription or
adverse possession
! Loss of a right of action by the lapse of timeextinctive prescription or
limitation of actions

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 conditions are lost by prescription.
(1930a)

ACQUISITIVE PRESCRIPTION
! There is a natural obligation to return the thing subsists
! Our law considers an obligation barred by extinctive prescription as a
natural one, and the same consideration can be given the duty to
return the thing to its true owner after it has been acquired by
prescription

RETROACTIVITY OF PRESCRIPTION
! The acquisition of ownership or other real rights through prescription is
retroactive
! 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

PRESCRIPTION AS A MATTER OF DEFENSE
! Must be expressly relied upon in the pleading
! It cannot be availed of unless it is especially 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
! It would be an error for the court to permit proof of prescription, if this
is not defensively pleaded and the proof is objected to
! However, if the defense is that the occupant of property is the absolute
owner because of prescription, the plea of ownership would be
sufficient to justify proof thereof, even if there is no allegation of
prescription of action.

Art. 1107. Persons who are capable of acquiring property or rights
by the other legal modes may acquire the same by means of
prescription.

Minors and other incapacitated persons may acquire property or
rights by prescription, either personally or through their parents,
guardians or legal representatives. (1931a)

CAPACITY FOR PRESCRIPTION
! Generally, capacity to acquire property or rights by other legal modes
is required for prescription
! Minors and incapacitated persons may also acquire by prescription
! It is necessary that they have discernment because the intent to
appropriate the thing as ones own is an essential element of the
possession
! When the prescription requires just title, the capacity to prescribe will
be the same capacity required for the particular title in question

Art. 1108. Prescription, both acquisitive and extinctive, runs
against:

(1) Minors and other incapacitated persons who have parents,
guardians or other legal representatives;

(2) Absentees who have administrators, either appointed by
them before their disappearance, or appointed by the courts;

(3) Persons living abroad, who have managers or
administrators;

(4) Juridical persons, except the State and its subdivisions.

Persons who are disqualified from administering their
property have a right to claim damages from their legal
representatives whose negligence has been the cause of
prescription. (1932a)

MINORS AND INCAPACITATED PERSONS
! Under Article 190 of the Code of Civil Procedure
If the person entitled to bring the action mentioned in the
preceding sections of this chapter (title to land by prescription)
is, at the time of the cause of action accrues, within the age of
minority, of unsound mind, or in prison, such person may, after
the expiration of 10 years from the time of the cause of action
accrues, bring such action within three years after such disability
is removed
If a person entitled to bring any action mentioned in either the
two last preceding sections is, at the time the cause of action
accrues, within the age of minority, or unsound mind, or in
prison, such person may bring such action within 2 years after
the disability is removed
! The abovementioned have been modified by the Civil Codewhere the
minors or incapacitated persons have parents, guardians, or other
legal representatives, prescription runs against them; hence, the
saving provision abovementioned doesnt apply to them. But when
such minors, insane persons, or persons in prison, dont have such
parents, guardians, or legal representatives, then the saving provisions
will apply to them, and they may bring their actions within 3 or 2
years, as the case may be, after their disability has been removed
(Tolentino, p. 5)
! The saving clauses under Article 190 have the effect of giving the
incapacitated person the designated period after the removal of the
disability within which to bring suit, if the period of prescription has
already prescribed
! The benefit of the saving clause extends to all parties who have a joint
and inseparable interest with the party under disability

Art. 1109. Prescription does not run between husband and wife,
even though there be a separation of property agreed upon in the
marriage settlements or by judicial decree.

Neither does prescription run between parents and children,
during the minority or insanity of the latter, and between
guardian and ward during the continuance of the guardianship.
(n)

Art. 1110. Prescription, acquisitive and extinctive, runs in favor of,
or against a married woman. (n)

Art. 1111. Prescription obtained by a co-proprietor or a co-owner
shall benefit the others. (1933)

NEED FOR RATIFICATION
! This article would apply only when the prescription has a relation to
the property owned in common
! But the mere existence of the relationship of the co-owners will not in
itself suffice to give the benefit of prescription by one in favor of all the
others
! And because prescription must be in the concept of owner in order to
ripen into ownership by prescription, it seems juridically incompatible
that co-owners who dont ratify and may not even know the
possessory acts of another co-owner, should be considered also in
possession in concept of owner (Tolentino, p. 8)

Art. 1112. Persons with capacity to alienate property may
renounce prescription already obtained, but not the right to
prescribe in the future.

Prescription is deemed to have been tacitly renounced when the
renunciation results from acts which imply the abandonment of
the right acquired. (1935)

RENUNCIATION IS UNILATERAL
! Renunciation of a prescription already acquired is a unilateral act, and
doesnt require the acceptance of the person benefited by it

TACIT RENUNCIATION
! Where a party acknowledges the correctness of the debt and promises
to pay it after the same has prescribed and with full knowledge of the
prescription, he thereby waives the benefit of prescription.
! Or if after prescription has run, the maker of the note, in a letter to a
holder thereof, acknowledges the existence of the debt, but says an
extension of time has been given to him, the case is taken out of
prescription

RENUNCIATION VOID
! Renunciation of prescription in advance is void

RENUNCIATION BY REPRESENTATIVES
! Only persons with capacity to alienate property can renounce
prescription already obtained

Art. 1113. All things which are within the commerce of men are
susceptible of prescription, unless otherwise provided. Property of
the State or any of its subdivisions not patrimonial in character
shall not be the object of prescription. (1936a)

EXCEPTIONS TO THE RULE: THE FOLLOWING CANNOT BE ACQUIRED BY
PRESCRIPTION
1. Movables possessed through a crime
2. Lands registered under the Torrens system

PATRIMONIAL PROPERTY OF THE STATE
! Patrimonial property of the State or any of its subdivisions not
patrimonial in character shall not be the object of prescription
! Only property not patrimonial in character should be free from
prescription
! Patrimonial property may be acquired by prescription against the State
or any of its subdivisions

Art. 1114. Creditors and all other persons interested in making the
prescription effective may avail themselves thereof
notwithstanding the express or tacit renunciation by the debtor or
proprietor. (1937)

CREDITORS MAY PLEAD PRESCRIPTION
! The law accords to all creditors and persons who have an interest in
the extinguishment of an obligation, the right to plead prescription for
themselves, even if the person bound by the obligation should
renounce such prescription

Art. 1115. The provisions of the present Title are understood to be
without prejudice to what in this Code or in special laws is
established with respect to specific cases of prescription. (1938)

Art. 1116. Prescription already running before the effectivity of
this Code shall be governed by laws previously in force; but if
since the time this Code took effect the entire period herein
required for prescription should elapse, the present Code shall be
applicable, even though by the former laws a longer period might
be required. (1939)

CHAPTER 2
PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS

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

Ordinary acquisitive prescription requires possession of things in
good faith and with just title for the time fixed by law. (1940a)

REQUISITES OF ACQUISITIVE PRESCRIPTION
1. Capacity to acquire prescription
2. A things capable of acquisition by prescription
3. Possession of a thing under certain conditions
4. Lapse of time provided by law

ORDINARY PRESCRIPTION
! Requires possession of things in good faith and with just title from the
time fixed by law
! Person acquiring by prescription is in good faith and with just title
! Compared with extraordinary prescription: with bad faith and without
just title
! Good faith: thought the possessor is the owner
! Just title: acquisition of ownership from anyone he thought to be the
owner
ATTY. SAN PEDROS ILLUSTRATION: X was the owner of a bike,
which was given with Y. In turn, Y sold the bike to Z. Z
acquired the bike in good faith and with just title. Z may now
acquire the bike through ordinary prescription. Period is for 4
years.
In the abovementioned, you have to settle the issues. If the
bike is a subject of the Anti-Fencing Law, the bike couldnt be
acquired for ownership.

ATTY. SAN PEDROS DIAGRAM:
ORDINARY EXTRAORDINARY
PERSONAL PROPERTY 4 8
REAL PROPERTY 10 30

CONVERSION OF POSSESSION
! When the possession begins in good faith but is later converted into
bad faith, how long should the prescription be, ordinary or
extraordinary?
The supervening bad faith erases the former possession in good
faith, and extraordinary prescription will run from the date of
possession in bad faith
The prescription will be extraordinary, but the period will be
counted from the time possession begins
The prescription will be extraordinary but the possession in good
faith shall be computed in the proportion that the period of
extraordinary prescription bears to that of ordinary prescription
most acceptable because it reflects the difference between the
two kinds of prescription and gives the proper value to
possession in good faith (Tolentino, p. 15)

Art. 1118. Possession has to be in the concept of an owner, public,
peaceful and uninterrupted. (1941)

Art. 1119. Acts of possessory character executed in virtue of
license or by mere tolerance of the owner shall not be available
for the purposes of possession. (1942)

CONCEPT OF OWNER
! For a claim of acquisitive prescription to prosper, possession of
property must be in the concept of owner for a certain period of time
! Acts of a possessory character which are merely tolerated by the
possessor or which are due to his license, dont constitute possession
! Applicable principle not only to the prescription of the dominium as a
whole but to the prescription of a right in rem
! For prescription to be a mode of acquisition of property, there should
be the concept of owner

PUBLIC
! Possession is public when the acts of enjoyment are executed in such a
manner as to be manifest or visible to all, especially to the person
against whom the possession is being adversely asserted
! In order that the possession may be considered public, it must be
known to the owner of the thing
! ATTY. SAN PEDRO: to give the rightful owner the right to recover the
property

PEACEFUL
! When it is acquired and maintained without any violence, physical or
moral
! ATTY. SAN PEDRO: at least you have constructive control and
possession of the property; uncontested (e.g fenced property, etc.)

UNINTERRUPTED
! Possession is continuous when the possessor has never ceased to
manifest with external acts the intention to exercise a right over the
thing, which presupposes that he has never in fact ceased to exercise
the right
! If there has been no act of deprivation of enjoyment of the things by
third persons, or any other act which interrupts prescription

Art. 1120. Possession is interrupted for the purposes of
prescription, naturally or civilly. (1943)

EFFECT OF INTERRUPTION
! When prescription is interrupted, all the benefits acquired so far from
the possession cease, when the prescription runs again, it will be an
entirely new one
! Suspension of prescriptionthe past period is included in the
computation, being added to the period after prescription is resumed

ATTY. SAN PEDRO: WHAT IF THERE IS AN INTERRUPTION?
! If there is an interruption, you count again the period
! Registered property cannot be acquired by prescriptionyou can
adversely possess property but you cannot own it. You can be evicted
anytime from the registered property.

Art. 1121. Possession is naturally interrupted when through any
cause it should cease for more than one year.

The old possession is not revived if a new possession should be
exercised by the same adverse claimant. (1944a)

Art. 1122. If the natural interruption is for only one year or less,
the time elapsed shall be counted in favor of the prescription. (n)

NATURAL INTERRUPTION
! Cession of prescription for more than 1 year

Art. 1123. Civil interruption is produced by judicial summons to
the possessor. (1945a)

Art. 1124. Judicial summons shall be deemed not to have been
issued and shall not give rise to interruption:

(1) If it should be void for lack of legal solemnities;

(2) If the plaintiff should desist from the complaint or should
allow the proceedings to lapse;

(3) If the possessor should be absolved from the complaint.

In all these cases, the period of the interruption shall be
counted for the prescription. (1946a)

EFFECT OF RECOVERY OF POSSESSION
! In case of natural interruption, the old possession loses its juridical
effects, and even if the possession is reacquired, the old possession
cannot be tacked to the new possession for purposes of prescription

Art. 1125. Any express or tacit recognition which the possessor
may make of the owner's right also interrupts possession. (1948)

RECOGNITION BY POSSESSOR
! In order to interrupt prescription, the recognition of the owners right
must be made by the possessor
! Declaration of a third person that the property doesnt belong to the
possessor, when such declaration hasnt been authorized or ratified by
the possessor, doesnt interrupt the possession for prescription

Art. 1126. Against a title recorded in the Registry of Property,
ordinary prescription of ownership or real rights shall not take
place to the prejudice of a third person, except in virtue of
another title also recorded; and the time shall begin to run from
the recording of the latter.

As to lands registered under the Land Registration Act, the
provisions of that special law shall govern. (1949a)

RECORDED TITLES AS TO THIRD PERSONS
! The owner of the thing at the beginning of the prescriptive period is
not who is considered a third person within the meaning of this rule
! Those who acquire their right subsequently, relying on the registration
of ownership in the Registry, must be considered as third persons and
cannot be prejudiced
! The third person must have acquired under the following conditions
That the acquisition is by onerous title
That the acquisition is from one who, according to the Registry,
can transmit title
That the acquisition is registered
That such third person has no knowledge of the prescription
! While the registered owner who executed the title which is the basis
for prescription, is not considered a third person, he is however,
regarded as a third person with respect to a title executed by another
who is not the registered owner
! The time for prescription to the prejudice of those who are not
considered as third persons with recorded titles, shall be counted from
the commencement of the possession under the title of ownership,
although the title by virtue of which it is held may not have been
registered

REGISTERED LANDS
! Adverse possession may not be allowed to defeat the owners right to
possession of land registered under the Torrens system; loss of the
land by prescription would be indirectly approved in violation of the
Land Registration Act

Art. 1127. The good faith of the possessor consists in the
reasonable belief that the person from whom he received the
thing was the owner thereof, and could transmit his ownership.
(1950a)

Art. 1128. The conditions of good faith required for possession in
Articles 526, 527, 528, and 529 of this Code are likewise
necessary for the determination of good faith in the prescription
of ownership and other real rights. (1951)

POSSESSION IN GOOD FAITH
! Under the Civil Code, prescriptive title over real estate is not acquired
by the mere possession thereof, under claim of ownership, for a period
of 10 years, unless it was originally acquired through just title and
good faith
! Good faith requires a well-founded belief that the person from whom
title was received was himself the owner of the land, with the right to
convey
! To be in good faith, the possessor must believe that the title for his
acquisition is sufficient, it is not enough that he knows of no defect of
it
! This belief must be founded and there is sufficient basis when he
believes that the transferor was the owner of the thing and could
transmit the ownership thereof

Art. 1129. For the purposes of prescription, there is just title when
the adverse claimant came into possession of the property
through one of the modes recognized by law for the acquisition of
ownership or other real rights, but the grantor was not the owner
or could not transmit any right. (n)

Art. 1130. The title for prescription must be true and valid. (1953)

Art. 1131. For the purposes of prescription, just title must be
proved; it is never presumed. (1954a)

JUST TITLE
! Is an act which has for its purpose the transmission of ownership, and
which would have actually transferred ownership if the grantor had
been the owner

TRUE TITLE
! The title must actually exist, and not merely in the mind of the
possessor
! A false title, which doesnt exist but is believed by the possessor to
exist, may or may not be sufficient. The false belief may be based on
an error of fact or law. If the mistake of fact refers to an act of a third
person, the title is sufficient for prescription. If it refers to the act of
the possessor, it is insufficient.
! A revocable title, or one in which the transferor has made a
reservation by virtue of which the right of the possessor may
disappear, cannot serve as basis for prescription.

VALID TITLE
! It should be sufficient to transmit the right if the grantor had been the
owner

TITLE MUST BE PROVED
! The requirement that just title must be proved is an exception to the
general rule which presumes that a just title for every possessor in the
concept of an owner

Art. 1132. The ownership of movables prescribes through
uninterrupted possession for four years in good faith.

The ownership of personal property also prescribes through
uninterrupted possession for eight years, without need of any
other condition.

With regard to the right of the owner to recover personal property
lost or of which he has been illegally deprived, as well as with
respect to movables acquired in a public sale, fair, or market, or
from a merchant's store the provisions of Articles 559 and 1505 of
this Code shall be observed. (1955a)

Art. 1133. Movables possessed through a crime can never be
acquired through prescription by the offender. (1956a)

Art. 1134. Ownership and other real rights over immovable
property are acquired by ordinary prescription through possession
of ten years. (1957a)

Art. 1135. In case the adverse claimant possesses by mistake an
area greater, or less than that expressed in his title, prescription
shall be based on the possession. (n)

CONSTRUCTIVE POSSESSION
! The possession upon which prescription is based, is not limited to the
area actually occupied but covers the area which the possession is
asserted
! Principle of constructive possession
! The actual possession of a part of a tract of land, with title or claim to
the whole, with intention to claim everything within the title or area
over which the right is asserted, is possession of the whole as will
serve as basis for prescription of the entire tract
! Doctrine applies when the possession is under title calling for the
whole

Art. 1136. Possession in wartime, when the civil courts are not
open, shall not be counted in favor of the adverse claimant.

Art. 1137. Ownership and other real rights over immovables also
prescribe through uninterrupted adverse possession thereof for
thirty years, without need of title or of good faith. (1959a)

Art. 1138. In the computation of time necessary for prescription
the following rules shall be observed:

(1) The present possessor may complete the period necessary
for prescription by tacking his possession to that of his grantor or
predecessor in interest;

(2) It is presumed that the present possessor who was also
the possessor at a previous time, has continued to be in
possession during the intervening time, unless there is proof to
the contrary;

(3) The first day shall be excluded and the last day included.
(1960a)

TACKING OF POSSESSION
! The present possessor must have obtained his possession from the
previous possessor
! Privity between them
! Possible only when there is succession of rights between the
predecessor and successor

ATTY. SAN PEDRO: WHAT IS TACKING?
! Supposed, you are dealing with unregistered land
! X wasnt the owner of the property though he sold the property to Y
! Y was in good faith and buyer for value. Y then can acquire the
property through ordinary prescription.
! Y then occupied the property for 6 years and later sold the land to Z.
! The period of prescription for Z to acquire ownership is only 4 years. Z
can now tacked into the possession of Y.
! Now, think that Y was in bad faith and possessed the property for 10
years. Z holds it for 5 years. How many years is needed for Z to
acquire the property? It would be 5 years. Bad faith cannot tacked
on good faith but good faith can tacked on bad faith.
! Supposed now, Y was a good faith for 6 years. Z was in bad faith and
possessed for 4 years. How many years is still needed for Z to acquire
the property? It would be 8 years, using the 1:2 ratio.
GF=BF; 1:3
Multiply 6 by 3. This is equal to 18 years of bad faith.
Bad faith on the part of Z is 4.
18 years add to 4 years would be equal to 22. 8 years more to
have 30 years of extraordinary prescription.

DIFFERENT CHARACTER OF POSSESSION
! Where the possessor was in good faith, and the successor is in bad
faith, the latter can only assert extraordinary prescription. But how
will the period be computed?
! Some believe that possession of the predecessor in good faith will be
wiped out and not tacked to that of the present possessor
! The more reasonable view however is that the tacking of possession
should be permitted in such case. The period should be computed in
the same manner as where the character of the possession of a person
changes while the period is running; that is, the period of possession in
good faith should be computed in the proportion that the period of
extraordinary prescription bears to that of ordinary prescription
! If the possession of the predecessor was in bad faith, and that of the
successor in good faith, what shall be the solution? The present
possessor can claim under ordinary prescription, but in this case the
possession of the predecessor cannot be availed of for ordinary
prescription.
! The present possessor in good faith, however, shouldnt be limited to
ordinary prescription. The period of possession of the predecessor,
although in bad faith, may have been so long that it would be
beneficial by the present possessor to claim extraordinary prescription
by tacking the previous possession to his own possession.

CHAPTER 3
PRESCRIPTION OF ACTIONS

CONCEPT OF PRESCRIPTION OF ACTIONS
! Refers to the time within which an action may be brought, or some act
alone, to preserve a right
! Statute of limitationsacts limiting the time within which actions shall
be brought
Enacted to restrict the period within which the right, otherwise
unlimited, might be asserted

PRESCRIPTION AND LACHES
! Defense of laches applies independently of prescription

Art. 1139. Actions prescribe by the mere lapse of time fixed by
law. (1961)

PRESCRIPTION TO BE PLEADED
! The bar of the statute of limitations cannot be asserted as a defense
unless it is specially pleaded in the answer and proven with the same
degree of certainty by which any essential allegation in the pleadings is
established

Art. 1140. Actions to recover movables shall prescribe eight years
from the time the possession thereof is lost, unless the possessor
has acquired the ownership by prescription for a less period,
according to Articles 1132, and without prejudice to the
provisions of Articles 559, 1505, and 1133. (1962a)

Art. 1141. Real actions over immovables prescribe after thirty
years.

This provision is without prejudice to what is established for the
acquisition of ownership and other real rights by prescription.
(1963)

ACTION AFFECTING REALTY
! While an action for reformation of instrument, such as a contract of
sale with pacto de recto sale alleged to be merely an equitable
mortgage, is an action based upon a written contract which must be
brought within 10 years from the time the right of action accrues,
where, however, the accrual of such right couldnt be established it is
more logical to apply Article 1141 because in realty the action seeks to
reassert ones title of ownership over the real property not to recover
the same

Art. 1142. A mortgage action prescribes after ten years. (1964a)

Art. 1143. The following rights, among others specified elsewhere
in this Code, are not extinguished by prescription:

(1) To demand a right of way, regulated in Article 649;

(2) To bring an action to abate a public or private nuisance.
(n)

Art. 1144. The following actions must be brought within ten years
from the time the right of action accrues:

(1) Upon a written contract;

(2) Upon an obligation created by law;

(3) Upon a judgment. (n)

ATTY. SAN PEDRO NOTES:
! Supposed the period to claim is for 3 years and then the 3 years
already lapsed. How would you claim? Change your action and say
that youre enforcing action in relation to the employment contract.
Or, you can find a legal provision to anchor your claim. The moment
you change your legal theory, the longer period to file your action.

IMPLIED TRUSTS
! When property is registered in anothers name, an implied or
constructive trust is created by law in favor of true owner
! The action of reconveyance of the title to the rightful owner prescribes
in 10 years from the issuance of the title
! But if fraud has been committed, and this is the basis of action, not
implied trust, the action will be barred after four years

Art. 1145. The following actions must be commenced within six
years:

(1) Upon an oral contract;

(2) Upon a quasi-contract. (n)

Art. 1146. The following actions must be instituted within four
years:

(1) Upon an injury to the rights of the plaintiff;

(2) Upon a quasi-delict;

However, when the action arises from or out of any act, activity,
or conduct of any public officer involving the exercise of powers
or authority arising from Martial Law including the arrest,
detention and/or trial of the plaintiff, the same must be brought
within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.)

Art. 1147. The following actions must be filed within one year:

(1) For forcible entry and detainer;

(2) For defamation. (n)

Art. 1148. The limitations of action mentioned in Articles 1140 to
1142, and 1144 to 1147 are without prejudice to those specified
in other parts of this Code, in the Code of Commerce, and in
special laws. (n)

Art. 1149. All other actions whose periods are not fixed in this
Code or in other laws must be brought within five years from the
time the right of action accrues. (n)

Art. 1150. The time for prescription for all kinds of actions, when
there is no special provision which ordains otherwise, shall be
counted from the day they may be brought. (1969)

TIME FROM WHICH PERIOD COMPUTED
! Time from which we are to compute the period fixed by law for the
extinguishment of the abandoned right of action
! In cases where there is no special provision for such computation,
recourse must be had to the rule that the period must be counted from
the day on which the corresponding action couldnt have been
instituted
! Legal possibility of bringing the actions which determines the starting
point for the computation of the period

ACRRUAL OF CAUSE OF ACTION
! A cause of action arises when that which should have been done is not
done, or that should not have been done is done
! Elements of a good cause of actionexistence of a legal right in the
plaintiff, with a corresponding legal duty in the defendant, and a
violation or breach of that right or duty with consequential injury and
damage to the plaintiff, for which he may maintain an action for
appropriate relief

Art. 1151. The time for the prescription of actions which have for
their object the enforcement of obligations to pay principal with
interest or annuity runs from the last payment of the annuity or of
the interest. (1970a)

OBLIGATIONS WITH INTEREST
! Rule in this article that the period of prescription in obligations with
interest runs only from the last payment of interest, is applicable only
to cases where the principal debt is already due

Art. 1152. The period for prescription of actions to demand the
fulfillment of obligation declared by a judgment commences from
the time the judgment became final. (1971)

WHEN JUDGMENT BECOMES FINAL
! In the trial court, final upon the expiration of the period for appeal;
thereafter, prescription begins to run
! In the SC or CA, the true judgment is that entered by the clerk of that
Court pursuant to the dispositive part of its decision, and the period of
prescription is, therefrom computed from the date such judgment is
entered

Art. 1153. The period for prescription of actions to demand
accounting runs from the day the persons who should render the
same cease in their functions.

The period for the action arising from the result of the accounting
runs from the date when said result was recognized by agreement
of the interested parties. (1972)

CURRENT ACCOUNTS
! There is a distinction as to the time when the period of prescription
begins to run in mutual contract accounts and in simple contract open
accounts
! In the former, the statute of limitations begins to run on the date of
the last item; while in the latter, the statute begins to run from the
date of each particular item
! When there is a mutual, open and current account between two parties
it is said that it implies that they have mutually consented that each
item shall not constitute an independent due immediately, to be paid
or enforced at once but that the items occurring from time to time, in
favor of the respective parties, shall operate as mutual set-offs, and
that the shifting balance, when either or both shall call for it, shall be
the debt, and for this reason the statute of limitations doesnt run
during such a state of mutual dealings, but only from the date of the
last item

Art. 1154. The period during which the obligee was prevented by
a fortuitous event from enforcing his right is not reckoned against
him. (n)

Art. 1155. The prescription of actions is interrupted when they are
filed before the court, when there is a written extrajudicial
demand by the creditors, and when there is any written
acknowledgment of the debt by the debtor. (1973a)

NO SUSPENSION
! If the plaintiff desists in its prosecution or judgment is unconditionally
stayed for one reason or another, the running of period of limitations is
not suspended
! And an amendment to the complaint, which introduces a new or
different cause of action, maklng a new or different demand, is
equivalent to a fresh suit upon a new cause of action, and the statute
of limitations continues to run until the amendment is filed

WRITTEN EXTRAJUDICIAL DEMAND
! Running of the period should be interrupted when a demand is made
by the creditor upon the debtor before the lapse of the period fixed by
law

WRITTEN ACKNOWLEDGEMENT OF DEBT
! While in acquisitive prescription the possession may be interrupted by
any express or tacit recognition of the owners right, in extinctive
prescription, the interruption through acknowledgement of the
creditors right can take place only when such acknowledgement is in
writing

INSUFFICIENT ACKNOWLEDGEMENT
! Not every reference to a debt can be considered as an
acknowledgement that will interrupt prescription
! And while acknowledges receipt of a statement of account of an
indebtedness, saying that he has examined it, but declines to
recognize the correctness of the account, claiming that the same is
exorbitant, there is no such acknowledgment as will interrupt the
running of prescription

LEGAL REPRESENTATIVE
! Acknowledgment of debt may be made by legal representative

BEFORE PERIOD EXPIRES
! The acknowledgment of a debt before the expiration of the period of
prescription will interrupt the running of prescription; but a mere
acknowledgment of the obligation after it has already prescribed is not
sufficient to renew the period of prescription.
! If the period has already expired, there must be a renunciation of the
prescription already acquired, in order that the action may be waived
! A mere acknowledgment of the debt doesnt constitute renunciation of
the prescription already acquired; there must be new and positive
promise to pay in order to nullify the prescription that has already
accrued
! Thus, an acknowledgment by the debtor, after the prescription has
expired, that he has not paid the debt, wouldnt bind him to pay it

EFFECT OF ACKNOWLEDGMENT
! By acknowledging a debt, the debtor may renew the obligation and
interrupt the prescription, so as to make it run only from the date of
the acknowledgment

EFFECT OF PART PAYMENTS
! Part payment of a debt, therefore, cannot interrupt the period of
prescription
! A partial payment before the period has elapsed is undoubtedly an
implied acknowledgment of the debt

OTHER CAUSES NOT INTERRUPTING
! The death of the debtor doesnt interrupt the running of the statute of
limitations because the creditor has at his disposal appropriate means
for the prosecution of an action to enforce the collection of his claim
! Transfer of the right to another person doesnt suspend the right of the
period of prescription because once it begins to run it never stops until
legally interrupted
! Institution of a criminal action cannot have the effect of interrupting
the institution of a civil action based on a quasi-delict
! An order to stay execution of a judgment doesnt suspend the running
of a prescription against it
! Confinement in jail is not one of the grounds by which prescription of
an action may be interrupted

ATTY. SAN PEDROS NOTES: HOW WOULD YOU COUNT THE PERIOD FOR
EXTINCTIVE PRESCRIPTION?
! Count from the time youll have to file an action
! If from the written contract, from the time of breach

ATTY. SAN PEDROS NOTES:
! Extinctive prescription may also be interrupted
! Article 1155
3/20/07 12:21 PM
!
3/20/07 12:21 PM
!