Prescriptive periods:

War time: civil courts are closed, not counted in favor of adverse claimant. But if civil courts are functioning,
counted in his favor
Rules for computation of time: Tacking: adding periods, only allowed when there is privity of contract or
relationship between the previous and present possessors.
1. present possessor + grantor or predecessor in interest
Grantor/ Predecessor: transfer in a manner provided by law of property from one person to another.
2. presumption that the present possessor continued to be in possession during the intervening time
3. First day shall be excluded and the last day included

Property Ordinary Extraordinary

(PUNO +GJ) (PUNO)/
prescriptive
period of
bringing actions
Movables/ Personal 4 8
Recovery in a public sale: buyer should be reimbursed.
Possessed through a crime: never acquired by the OFFENDER, nonetheless, if passed to
a subsequent holder, prescription begins to run.
Immovable: based on area possessed, not on what appears on the title. 10 30
- Only applies to alienable public land
Mortgage eg. Suit to recover deficiency 10

Actions:
Right of way Imprescriptible
Abatement of public or private nuisance
Implied Trust- normally not subject to prescription, unless trustee (manager of the
trust) openly and adversely repudiates the trust.
Reckoning point: from the moment the possession becomes adverse:
1. Trustee perform unequivocal acts amounting to an ouster
2. cestui que trust knows the acts of repudiation
3. evidence is clear and conclusive.

The ff accrues:
1. A right in favor of the plaintiff by whatever means and under whatever law it arises
or is created.
2. Obligation on the part of such defendant to respect such right
3. act or omission on the part of such defendant violative of the right of the plaintiff
Written contract (accrues upon breach of action) 10
Obligation created by law 10
Judgment 10

Actions that must be commenced (when time the cause of action

accrues)
Oral contract 6
Quasi Contract 6

Injury to the rights of the plaintiff 4

Quasi-delict: no fault or negligence that fault or negligence arises, no preexisting 4
contractual relationship, from occurence
Forcible entry and detainer from demand to vacate 1
Defamation 1