Documente Academic
Documente Profesional
Documente Cultură
PROPERTY
PROPERTY
All things which are, or may be the
object of appropriation
1.
2.
3.
Requisites: (USA)
utility
substantivity or individuality
appropriability
8.
9.
I.
A. IMMOVABLE PROPERTIES
1. land,
buildings,
roads
and
constructions of all kinds adhered to
the soil;
2. trees, plants and growing fruits,
while they are attached to the land
or form an integral part of an
immovable;
3. everything
attached
to
an
immovable in a fixed manner in such
a way that it cannot be separated
therefrom without breaking the
material or deterioration of the
object;
4. statues, reliefs, paintings or other
objects for use or ornamentation,
placed in buildings or on lands by the
owner of the immovable in such a
manner that it reveals the intention
to attach them permanently to the
tenements;
5. machinery, receptacles, instruments
or implements intended by the
owner of the tenement for an
industry or works which may be
carried on in a building or on a piece
of land, and which tend directly to
meet the needs of the said industry
or works;
Requisites:
a. made by owner
b. industry or works carried on
building or on land
c. machines, etc must tend directly
to meet needs of the industry or
works
d. machines, etc. must be essential
and principal elements of the
industry.
6. animal houses, pigeon-houses,
7. beehives, fishponds or breeding
places of similar nature, in case
10.
11.
Categories: (NIDA)
1. Real by nature it cannot be
carried from place to place
(pars. 1 & 8, Art. 415, Civil
Code)
2. Real by incorporation attached
to an immovable in a fixed
manner to be an integral part
thereof (pars. 1-3 Art. 415, Civil
Code)
3. Real by destination placed in a
n immovable for the utility it
gives to the activity carried
thereon (pars. 4-7 and 9 Art.
415, Civil Code)
4. By analogy it is so classified by
express provision of law (par. 10,
Art. 415, Civil Code)
B.MOVABLE PROPERTIES
1. those movables susceptible of
appropriation which are not included
in the preceding article;
2. real property which by any special
provision of law is considered as
personalty;
3. forces of nature which are brought
under control of science;
4. in general, all things which can be
transported from place to place
27
1)
28
3. Cannot
be
acquired
by
prescription
4. Not subject to attachment or
execution
5. Cannot
be
burdened
with
easements
NOTE: They cannot be registered under
the land registration law and be the
subject of a Torrens title. The character
of public property is not affected by
possession or even a Torrens Title in
favor of private persons. (Palanca vs.
Commonwealth, 69 Phil. 449).
B. PATRIMONIAL PROPERTY OF THE
STATE
Property of the State owned by it in
its private or proprietary capacity.
the state has the same rights over
this kind of property as a private
individual in relation to his own
private property
C. PROPERTY OF LOCAL GOVERNMENT
UNITS (LGUs)
1. Property for public use consist of
roads, streets, squares, fountains,
public waters, promenades and
public works for public service paid
for by the LGUs
2. Patrimonial Property all other
property possessed by LGUs without
prejudice to provisions of special
laws
NOTE: In the case of Province of
Zamboanga Del Norte vs. City of
Zamboanga,
the
Supreme
Court
categorically stated that this court is
not inclined to hold that municipal
property held and devoted to public
service is in the same category as
ordinary private property.
The
classification of municipal property
devoted for distinctly governmental
purposes as public should prevail over
the Civil Code in this particular case.
Here, the Law of Municipal Corporations
was considered as a special law in the
context of Article 424 of the NCC.
D. PROPERTY OF PRIVATE OWNERSHIP
refers to all property belonging to
private persons either individually or
collectively and those belonging to
29
GENERAL
2. Real Property:
a. ACCION INTERDICTAL
Nature: summary action to
recover physical or material
possession only. It consists of
the summary actions of:
1. Forcible entry
Action for recovery of
material possession of real
property when a person
originally in possession was
deprived thereof by force,
intimidation,
strategy,
threat or stealth
2. Unlawful Detainer
Action for recovery of
possession of any land or
building by landlord, vendor,
vendee, or other person
against whom the possession
of the same was unlawfully
withheld after the expiration
or termination of the right to
hold possession, by virtue of
any contract.
Forcible Entry
Unlawful
Detainer
30
defendant
As to when the 1 year period is counted
from
1 year period is 1 year period is
generally counted counted from the
from the date of date
of
last
actual entry on demand or last
the land
letter of demand
b. ACCION PUBLICIANA
Nature:
Ordinary
civil
proceeding to recover the better
right of possession, except in
cases of forcible entry and
unlawful detainer. The involved
is not possession de facto but
possession de jure.
c. ACCION REIVINDICATORIA
Nature: action to recover real
property based on ownership.
Here, the object is the recovery
of the dominion over the
property as owner.
Requisites:
1. Identity of the Property
2. Plaintiffs title to the
property
Surface Rights
The owner of parcel of land is the
owner of its surface and everything
under it.
The economic utility which such
space or subsoil offers to the owner
of the surface sets the limit of the
owners right to the same.
HIDDEN TREASURE
Definition: any hidden or unknown
deposit of money, jewelry or other
precious
objects,
the
lawful
ownership of which does not appear.
GENERAL RULE: It belongs to the
owner of the land, building or other
property on which it is found.
EXCEPTIONS: The finder is entitled to
provided:
1. Discovery was made on the
property of another, or of the
state or any of its political
subdivisions;
2. The finding was made by chance;
3. The finder is not a co-owner of
the property where it is found;
4. The finder is not a trespasser;
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32
Avulsion
1. gradual and
imperceptible
2. soil cannot be
identified
3. belongs to the
owner
of
the
property to which
it is attached
4.
merely
an
attach-ment
1.
sudden
or
abrupt process
2. identifiable and
verifiable
3. belongs to the
owner from whose
property it was
detached
4. detachment followed
by
attachment
NOTES:
Once the river bed has been
abandoned, the owners of the
invaded land become owners of the
abandoned bed to the extent
provided by this article. No positive
act is needed on their part, as it is
subject thereto ipso jure from the
moment the mode of acquisition
becomes evident.
It does not apply to cases where the
river simply dries up because there
are no persons whose lands are
occupied by the waters of the river.
4. Formation of Islands
RULES ON OWNERSHIP
a. If formed by the sea:
1) within territorial waters State
2) outside territorial waters
to the first occupant
b. If formed in lakes, or navigable or
floatable rivers - State
c. If formed on non-navigable or
non-floatable rivers:
1) if nearer to one margin or
bank to the nearer reparian
owner
2) if equidistant from both
banks- to the reparian
owners, by halves.
NOTE: There is no accession when
islands are formed by the branching of a
river; the owner retains ownership of the
isolated piece of land.
Right of Accession with respect to
movable property
Basic Principle:
Accession exists
only if separation is not feasible.
Otherwise, separation may be
demanded.
KINDS (accession continua as to
movables):
1. Adjunction
the union of two things
belonging to different owners, in
such a manner that they cannot
be separated without injury,
thereby forming a single object.
Requisites
a) the two things must belong to
different owners
b) that they form a single object,
33
Mixture
1. Involves
at least 2
things
Involves at
least
2
things
Specification
May
involve
one thing (or
more)
but
form
is
changed
2. Accessory
follows the
principal
Coownership
results
Accessory
follows
the
principal
Rules:
a. By the will of both owners or by
accident: each owner acquires
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
34
3.
Things
joined retain
their nature
Things
mixed
or
confused
may either
retain
or
lose their
respective
natures
The
new
object retains
or preserves
the nature of
the
original
object.
QUIETING OF TITLE
It is an equitable action in rem to
determine the condition of the
ownership
or
the
rights
to
immovable property, and remove
doubts thereon.
Requisites:
1. plaintiff must have a legal or
equitable title to, or interest in the
real property which is the subject
matter of the action;
2. there must be a cloud in such title;
3. such cloud must be due to some
instrument,
record,
claim,
encumbrance or proceeding which is
apparently valid but is in truth
invalid, ineffective, voidable or
unenforceable, and is prejudicial to
the plaintiffs title; and
4. plaintiff must return to the
defendant all benefits he may have
received from the latter, or
reimburse him for expenses that may
have redounded to his benefit.
Prescriptive Period:
1. plaintiff
in
possession
imprescriptible
2. plaintiff not in possession 10
(ordinary) or 30 years (extraordinary)
Action to quiet
title
Action to
remove a cloud
on title
PURPOSE
to put an end to to
remove
a
troublesome
possible foundation
litigation
in for a future hostile
respect
to
the claim
property involved
NATURE OF THE ACTION
remedial
action Preventive action
involving a present to prevent a future
adverse claim
cloud on the title
35
Partnership
1. Can be created
without
the
formalities
of
a
contract
2. Has no juridical or
legal personality
1. Can be created
only by contract,
express or implied
3.
Purpose
is
collective enjoyment
of the thing
4.
Co-owner
can
dispose of his shares
without the consent
of the others with
the
transferee
automatically
becoming a co-owner
5. There is no mutual
representation
6. Distribution of
profits
must
be
proportional to the
respective interests
of the co-owners
7. A co-ownership is
not dissolved by the
death or incapacity
of a co-owner
2.
Has
juridical
personality distinct
from the partners
3. Purpose is to
obtain profits
4. A partner, unless
authorized
cannot
dispose of his share
and
substitute
another as a partner
in his place
5. A partner can
generally bind the
partnership
6. Distribution of
profits is subject to
the stipulation of the
parties
7.
Death
or
incapacity dissolves
the partnership
8.
no
public
instrument
needed
even if real property
is the object of the
co-ownership
9. An agreement to
keep
the
thing
undivided
for
a
period of more than
10 years is void
8. May be made in
any
form
except
when real property is
contributed
9. There may be
agreement as to a
definite term without
limit set by law
Rules:
1. Rights of each co-owner as to the
thing owned in common: USBRAPLDP
a) To use the thing owned in
common
Limitations:
i) use according to the purpose
for which it was intended
ii) interest of the co-ownership
must not be prejudiced
iii) other co-owners must not be
prevented from using it
according
to their own
rights
b) To share in the benefits and
charges in proportion to the
interest of each.
NOTE: Any stipulation to the
contrary is void.
c) To the benefits of prescription:
prescription by one co-owner
benefits all.
d) Repairs and taxes: to compel the
others to share in the expenses
of preservation even if incurred
without prior notice.
NOTE:
The
co-owner
being
compelled may exempt himself from
the payment of taxes and expenses
by renouncing his share equivalent to
such taxes and expenses. The value
of the property at the time of the
renunciation will be the basis of the
portion to be renounced.
e) Alterations:
to
oppose
alterations made without the
consent of all, even if beneficial.
NOTES:
Alteration is an act by virtue of
which a co-owner changes the
thing from the state in which the
others believe it should remain,
or withdraws it from the use to
which they desire it to be
intended.
36
Expenses to improve or
embellish are decided by the
majority
f) To protest against seriously
prejudicial decisions of the
majority
g) Legal
redemption:
to
be
exercised within 30 days from
written notice of sale of an
undivided share of another coowner to a stranger
h) To defend the co-ownerships
interest in court
i) To demand partition at any time
Partition is the division
between 2 or more persons of
real or personal property which
they own in common so that
each may enjoy and possess his
sole estate to the exclusion of
and without interference from
others
GENERAL RULE: Partition is
demandable by any of the coowners as a matter of right at
any time.
EXCEPTIONS:
1) When there is a stipulation
against it; but not to exceed
10 years.
2) When the condition of
indivision is imposed by the
donor or testator; but not to
exceed 20 years.
3) When the legal nature of the
community
prevents
partition.
4) When partition would render
the thing unserviceable.
5) When partition is prohibited
by law
6) When another co-owner has
possessed the property as
exclusive owner for a period
sufficient to acquire it by
prescription.
2. The
following
questions
are
governed by the majority of
interests:
a) Management
Minority may appeal to the court
against the majoritys decision if
the same is seriously prejudicial.
b) Enjoyment
c) Improvement or embellishment
37
1.
2.
3.
Requisites:
occupancy, apprehension, or taking
deliberate intention to possess
by virtue of ones own right
Degrees:
1. possession
without
any
title
whatsoever
2. possession with juridical title
3. possession with just title sufficient
to transfer ownership
4. possession with a title in fee simple
Classes:
a) In ones own name where possessor
claims the thing for himself
b) In the name of another for whom
the thing is held by the possessor
c) In the concept of owner possessor
of the thing or right , by his actions,
is considered or is believed by other
people as the owner, regardless of
the good or bad faith of the
possessor
d) In the concept of holder possessor
holds it merely to keep or enjoy it,
the ownership pertaining to another
person; possessor acknowledges in
another a superior right which he
believes to be ownership.
NOTE: None of these holders assert a
claim of ownership in himself over the
thing but they may be considered as
possessors in the concept of owner, or
under claim of ownership, with respect
to the right they respectively exercise
over the thing.
e) In good faith possessor is not aware
that there is in his title or mode of
acquisition a defect that invalidates
it
Requisites:
1. Ostensible title or mode of
acquisition
2. Vice or defect in the title
3. Possessor is ignorant of the
vice or defect and must have
an honest belief that the
thing belongs to him
38
1.
2.
3.
Object of possession:
All things and rights
susceptible of being appropriated
1.
2.
3.
4.
Res communes
Property of public dominion
Discontinuous servitudes
Non-apparent servitudes
Acquisition of possession:
Manner
1. Material occupancy of the thing
2. Subjection to the action of our will
3. Proper acts and legal formalities
established for acquiring such right.
Possessor in
good faith
Possessor
in bad
faith
a.
Fruits
gathered
b.
Cultivation
Expenses of
gathered
fruits
c.
Fruits
pending
and
charges
d.
Production
expenses of
pending
fruits
a. to possessor
a. to owner
b.
not
reimbursed to
possessor
b.
reimbursed
to
possessor
c.
prorated
according to
time
c. to owner
d. indemnity
pro rata to
possessor
(owners
option)
i. in money,
or
ii.
by
allowing full
cultivation
and
gathering of
all fruits
e. reimbursed
to possessor;
retention
d.
no
indemnity
e.
Necessary
expenses
f.. Useful
expenses
f. reimbursed
to
possessor
(owners
option)
i. initial cost
ii. plus value
may remove
if
no
e.
reimbursed
to
possessor;
no
retention
f.
no
reimbursem
ent
39
g.
Ornamental
expenses
h.
Taxes
and
charges
i.
on
capital
ii.
fruits
on
iii.
charges
i. Improvements no
longer
existing
j. Liability
for
accidental
loss
or
deteriorati
on
k.
Improvements due
to time or
nature
reimbursement, and no
damage
is
caused to the
principal
by
the removal
g. reimbursement
at
owners
option:
i. removal if
no injury, or
ii.
cost
without
removal
h. taxes and
charges
i. charged to
owner
ii. charged to
possessor
iii. prorated
g. owners
option:
i.
removal, or
ii. value
at time of
recovery
h.
taxes
and charges
i. charged
to owner
ii.
charged to
owner
iii.
to
owner
i.
no
reimbursement
i.
no
reimbursement
j.
only
if
acting
with
fraudulent
intent
or
negligence,
after summons
j. liable in
every case
k. to owner
or
lawful
possessor
k.
to
owner or
lawful
possessor
Possession of movables
Possession of movables in good faith
is equivalent to title.
Requisites:
a) possession is in good faith
b) the owner has voluntarily parted
with the possession of the thing
c) possessor is in the concept of
owner
One who has lost or has been
unlawfully deprived of it , may
recover it from whomsoever
possesses it, ordinarily, without
reimbursement.
Doctrines:
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
40
Usufructuary is bound
to preserve the form and substance of
the thing in usufruct.
Abnormal usufruct whereby
the law or the will of the parties may
allow the modification of the substance
of the thing.
Usufruct
Lease
1. Always a real
right
2. Person creating
the usufruct should
be the owner or his
duly
authorized
agent
3. May be created
by law, by contract,
by will of the
testator,
or
by
prescription
4.
As
a
rule,
usufruct covers all
the fruits and all
the
uses
and
benefits
of
the
entire property
5. Involves a more
or
less
passive
owner who allows
the usufructuary to
enjoy the object
given in usufruct
6. Pays for ordinary
repairs and taxes on
the fruits
1.Generally
a
personal right
2. Lessor may not
be the owner
3.Generally created
by contract
4.Lease
generally
refers to uses only
5. Lease involves a
more active owner
or lessor who makes
the lessee to enjoy
6.Lessee
is
not
generally
under
obligation
to
undertake
repairs
or pay taxes
Special Usufructs
a) of pension or income (Art 570)
b) of property owned in common (Art.
582)
c) of cattle (livestock) (Art. 591)
d) on vineyards and woodlands (Art.
575-576)
e) on a right of action (Art. 578)
f) on mortgaged property (Art. 600)
g) over the entire patrimony (Art.
598)
h) over
things
which
gradually
deteriorate (Art. 573)
i) of consumable property (Art 574)
Rights of the Usufructuary
1. As to the thing and its fruits
a. To receive and benefit from the
fruits
41
42
f)
Lease
1.
Real
right,
whether registered
or not
2. Imposed only on
real property
3. There is a limited
right to the use of
real property of
another but without
the
right
of
possession
Limited right to
both the possession
and use of anothers
property
Easement
Usufruct
1. Imposed only on
real property
2.
Limited
to
particular
or
specific use of the
servient estate
3. A non-possessory
right
over
an
immovable
4. Not extinguished
by the death of the
dominant owner
Involves a right of
possession in an
immovable
or
immovable
Extinguished by the
death
of
the
usufructuary
43
estate
10. Waiver by the dominant owner
EASEMENT FOR WATERING CATTLE
This is really a combined easement
for drawing of water and right of way
Requisites:
a) must be imposed for reasons of
public use
b) must be in favor of a town or
village
c) indemnity must be paid
EASEMENT OF AQUEDUCT
The right arising from a forced
easement by virtue of which the
owner of an estate who desires to
avail himself of water for the use of
said estate may make such waters
pass through the intermediate estate
with the obligation of indemnifying
the owner of the same and also the
owner of the estate to which the
water may filter or flow.
Character: apparent and continuous
Requisites:
a) dominant owner must prove that
he has the capacity to dispose of
the water
b) that the water is sufficient for
the intended use
c) that the course is most
convenient, and least onerous to
the 3rd person
d) payment of indemnity
RIGHT OF WAY
The right granted to the owner of an
estate which is surrounded by other
estates belonging to other persons
and without an adequate outlet to a
public highway to demand that he be
allowed a passageway throughout
such neighboring estates after
payment of proper indemnity
Requisites:
1. Claimant must be an owner of
enclosed immovable or one with
real right
2. There must be no adequate
outlet to a public highway
3. Right of way must be absolutely
necessary
4. Isolation must not be due to the
claimants own act
5. Easement must be established at
44
Co-ownership
1. Shares of parties
cannot
be
physically
segregated but they
can be physically
identified
2. No limitation as
to use of the party
wall for exclusive
benefit of a party
3. Owner may free
himself
from
contributing to the
cost of repairs and
construction of a
party
wall
by
renouncing all his
rights thereto
45
VOLUNTARY EASEMENTS
Constituted by the will of the parties
or of a testator.
The owner possessing capacity to
encumber property may constitute
voluntary servitude. If there are
various owners, ALL must consent;
but consent once given is not
revocable
Voluntary easements are established
in favor of:
1. predial servitudes:
a. for the owner of the
dominant estate
b. for any other person having
any juridical
relation with
the dominant estate, if the
owner ratifies it.
2. personal servitudes: for anyone
capacitated to accept.
NUISANCE
Any act, omission, establishment,
business or condition of property or
anything else which: (ISAHO)
1. Injures/endangers the health or
safety of others;
2. Shocks, defies or disregards
decency or morality;
3. Annoys or offends the senses;
4. Hinders or impairs the use of
property; or
5. Obstructs or interferes with the
free passage to any public
highway or street, or body of
water.
Classes:
1. Per se nuisance at all times and
under
all
circumstances
regardless of location and
surrounding.
2. Per accidens nuisance by
reason
of
circumstances,
location, or surroundings.
3. Public affects the community
or a considerable number of
persons.
4. Private affects only a person or
a small number of persons.
Doctrine of Attractive Nuisance:
One who maintains on his premises
dangerous
instrumentalities
or
appliances of a character likely to
attract children in play and who fails
46
Titles of
acquiring
ownership
A. Original Modes
1. Occupation
1. Condition of
being
without
known owner
2. Work which 2.
Creation,
includes
discovery
or
Intellectual
invention
creation
B. Derivative modes
3. Law
3. Existence of
required
conditions
4. Tradition
4. Contract of the
parties
5. Donation
5. Contract of the
parties
6. Prescription
6. Possession in
the concept of
owner
7. Succession
7. Death
OCCUPATION
a mode of acquiring ownership by
the seizure of things corporeal which
have no owner, with the intention of
acquiring them, and according the
rules laid down by law.
Requisites:
1. there must be seizure of a thing
2. the thing seized must be
corporeal personal property
3. the thing must be susceptible of
appropriation by nature
4. the thing must be without an
owner
5. there must be an intention to
appropriate
Specific instances:
1. hunting and fishing
2. finding of movables which do not
have an owner
3. finding of abandoned movables
4. finding of hidden treasure
47
48
Donation Inter
Vivos
Donation Mortis
Causa
1. Takes effect
independently
of
the donors death
2. Title conveyed
to
the
donee
before the donors
death
3. Valid if donor
survives donee
4. Generally irrevocable
during
donors lifetime
5. Must comply
with
the
formalities
required by Arts.
748 and 749 of the
Code
Forms of donations:
1. Donations of movable property:
a. With simultaneous delivery of
property donated:
i.it may be oral/written P5,000
or less;
ii.if value exceeds P5,000 written
in public or private document
b. Without simultaneous delivery:
the donation and acceptance
must be written in a public
or
private
instrument,
regardless of value
2. Donation of immovable property:
a. must be in a public instrument
specifying the property donated
and the burdens assumed by
donee, regardless of value
b. acceptance must be either:
i.
in the same instrument; or
ii.
in another public instrument,
notified to the donor in
authentic form, and noted in
both deeds
NOTE: Expression of gratitude to the
donor without express acceptance was
held a sufficient acceptance (Cuevas vs
Cuevas)
LIMITATIONS
ON
DONATION
OF
PROPERTY
1. Future property cannot be
donated.
2. Present property that can be
donated:
a) if the donor has forced heirs: he
cannot give or receive by
donation more than he can give
of receive by will
b) if the donor has no forced heirs:
donation may include all present
property provided he reserves in
full ownership or in usufruct:
1) the amount necessary to
support him, and
2) those relatives entitled to
support from him
3) property sufficient to pay
the donors debt contracted
prior to the donation.
3. Donation should not prejudice
creditors
4. Donee must reserve sufficient
means for his support and for his
49
Extinctive
prescription
1.
relationship
between
the
occupant and the
land in terms of
possession is capable
of producing legal
consequences; it is
the possessor who is
the actor
2. requires possession
by a claimant who is
not the owner
3.
applicable
to
ownership and other
real rights
4. vests ownership or
other real rights in
the occupant
5. results in the
acquisition
of
ownership or other
real rights in a person
as well as the loss of
said ownership or real
rights in another
2. requires inaction
of the owner or
neglect of one with
a right to bring his
action
3. applies to all
kinds
of
rights,
whether real or
personal
4. produces the
extinction of rights
or bars a right of
action
5. results in the loss
of a real or personal
right, or bars the
cause of action to
enforce said right
50
6. can be proven
under the general
issue
without
its
being
affirmatively
pleaded
6.
should
be
affirmatively
pleaded and proved
to bar the action or
claim of the adverse
party
Period of Prescription
Movables
Immovables
4 years
1. Good Faith
10 years
8 years
2. Bad Faith
30 years
a) Imprescriptible
Actions
to declare an
inexistent or void
contract
to quiet title
to demand a
right of way
to bring an
action for
abatement of
public nuisance
to demand
partition in coownership
to enforce a
trust
probate of a
will
to recover
possession of a
registered land
under the Land
Registration Act
by the registered
owner
Actions
action to revoke
donations due to
non-compliance of
conditions
action to
rescind partition of
deceaseds estate
on account of
lesion
action to claim
rescission of
contracts
annulment of
contracts for vice
of consent
actions upon a
quasi-delict
action to revoke
or reduce
donations based on
birth, appearance
or adoption of a
child
actions upon an
injury to the rights
of the plaintiff
(not arising from
contract)
51
b) 30 YEARS
real actions
over immovables
(but not
foreclosure)
without prejudice
to the acquisition
of ownership or
real rights by
acquisitive
prescription
h) 3 YEARS
actions under
the eight hour
labor law
actions to
recover losses in
gambling
money claims as
a consequence of
employeremployee
relationship
action to
impugn legitimacy
of a child if the
husband or his
heirs reside abroad
c) 10 YEARS
actions upon a
written contract
actions upon
an obligation
created by law
actions upon a
judgment from
the time
judgment
becomes final
actions among
co-heirs to
enforce warranty
against eviction in
partition
Mortgage
action
i) 2 YEARS
action to
impugn legitimacy
of a child if the
husband or his
heirs are not
residing in the city
or municipality of
birth
d) 8 YEARS
action to
j) 1 YEAR
action to
impugn legitimacy
of a child if the
husband or his
heirs are residing
in the city or
municipality of
birth
forcible entry
and unlawful
detainer
Defamation
Revocation of
donation on the
ground of
ingratitude
Rescission or for
damages if
immovable is sold
with an apparent
burdens or
servitude
recover movables
without prejudice
to acquisition of
title for a shorter
period or to the
possessors title
under Arts. 559,
1505 and 1133
52
action for
warranty of
solvency in
assignment of
credits
actions for loss
or damage to
goods under the
COGSA
e) 6 YEARS
actions upon
an oral (verbal)
contract
actions upon a
quasi-contract
k) 6 MONTHS
actions for
warranty against
hidden defects or
encumbrances over
the thing sold
f) 5 YEARS
action for
annulment of
marriages (except
on the ground of
insanity) and for
legal separation
counted from the
occurrence of the
cause
actions against
the co-heirs for
warranty of
solvency the
debtor in credits
assigned in
partition
action for the
declaration of the
incapacity of an
heir (devisee or
legatee) to
succeed)
all other
actions whose
periods are not
fixed by law,
counted from the
time the right of
action accrues
l) 40 DAYS
redhibitory
action based on
faults or defects of
animals