ARTICLE SUBJECT PRESCRIPTION CONDITIONS

Article Acquisitive prescription of movables 4 years Good faith

1132 uninterrupted
8 years Uninterrupted
Without good faith
Article Ordinary Acquisitive prescription-- 10 years Good faith
1134 Ownership and other real rights over uninterrupted
immovable property are
Article Extraordinary Acquisitive Prescription over 30 years through uninterrupted adverse
1137 immovables possession;
without need of title or of good faith
Article Actions to recover movables 8 years from the time the possession thereof
1140 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.
Article Real actions over immovables 30 years
1141
Article mortgage action 10 years
1142
Article (1) Upon a written contract; 10 years From the time the right of action
1144 accrues
(2) Upon an obligation created by law;

(3) Upon a judgment.

Article (1) Upon an oral contract; 6 years
1145
(2) Upon a quasi-contract.
Article (1) Upon an injury to the rights of the 4 years
1146 plaintiff;

(2) Upon a quasi-delict

the action arises from or out of any act, 1 year (PD No. 1755, Dec. 24, 1980
activity, or conduct of any public officer amendment to the NCC)
involving the exercise of powers or
authority arising from Martial Law
including the arrest, detention and/or trial
of the plaintiff
Article (1) For forcible entry and detainer; 1 year
1147
(2) For defamation.
Article other actions whose periods are not fixed in 5 years from the time the right of action
1149 this Code or in other laws accrues
 ARTICLE 1231
EXTINGUISHMENT OF OBLIGATIONS
Payment Or Performance

SUBSECTION 1.
Application of Payments

SUBSECTION 2. Payment
by Cession

SUBSECTION 3. Tender of
Payment and
Consignation

Loss Of The Thing Due

Condonation Or Remission
Of The Debt
Confusion Or Merger Of The
Rights Of Creditor And
Debtor
Compensation
Novation

FORMS

INTERPRETATION

RESCISSIBLE-1381 VOIDABLE CONTRACTS- 1390

1. Those which are entered into by guardians
whenever the wards whom they represent suffer 1. Those where one of the parties is incapable of
lesion by more than one-fourth of the value of the giving consent to a contract;
things which are the object thereof; 2. Those where the consent is vitiated by mistake,
2. Those agreed upon in representation of absentees, violence, intimidation, undue influence or fraud.
if the latter suffer the lesion stated in the
preceding number;
3. Those undertaken in fraud of creditors when the
latter cannot in any other manner collect the
claims due them;
4. Those which refer to things under litigation if they
have been entered into by the defendant without
the knowledge and approval of the litigants or of
competent judicial authority;
5. All other contracts specially declared by law to be
subject to rescission. (1291a)

UNENFORCEABLE- 1403 VOID CONTRACTS- 1409

1. Those entered into in the name of another person
by one who has been given no authority or legal (1) Those whose cause, object or purpose is contrary to
representation, or who has acted beyond his law, morals, good customs, public order or public policy;
powers;
2. Those that do not comply with the Statute of (2) Those which are absolutely simulated or fictitious;
Frauds as set forth in this number. In the following
cases an agreement hereafter made shall be (3) Those whose cause or object did not exist at the time
unenforceable by action, unless the same, or some of the transaction;
note or memorandum, thereof, be in writing, and
(4) Those whose object is outside the commerce of men;
subscribed by the party charged, or by his agent;
evidence, therefore, of the agreement cannot be
(5) Those which contemplate an impossible service;
received without the writing, or a secondary
evidence of its contents: (6) Those where the intention of the parties relative to the
principal object of the contract cannot be ascertained;
(a) An agreement that by its terms is not
to be performed within a year from the (7) Those expressly prohibited or declared void by law.
making thereof;

(b) A special promise to answer for the

debt, default, or miscarriage of another;

(c) An agreement made in consideration of

marriage, other than a mutual promise to
marry;

(d) An agreement for the sale of goods,

chattels or things in action, at a price not
less than five hundred pesos, unless the
buyer accept and receive part of such
goods and chattels, or the evidences, or
some of them, of such things in action or
pay at the time some part of the purchase
money; but when a sale is made by
auction and entry is made by the
auctioneer in his sales book, at the time of
the sale, of the amount and kind of
property sold, terms of sale, price, names
of the purchasers and person on whose
account the sale is made, it is a sufficient
memorandum;

(e) An agreement for the leasing for a

longer period than one year, or for the
sale of real property or of an interest
therein;

( f ) A representation as to the credit of a

third person.

3. Those where both parties are incapable of giving

consent to a contract.
SUMMARY OF NATURAL OBLIGATIONS—CANNOT DEMAND RETURN OF THINGS GIVEN:

1. PEFORMANCE AFTER THE CIVIL OBLIGATION HAS PRESCRIBED BY THE DEBTOR.

2. PEFORMANCE AFTER THE CIVIL OBLIGATION HAS PRESCRIBED BY A THRID PERSON AND WITHOUT THE
KNOWLEDGE OF THE DEBTOR
3. THE CREDITOR IS NOT OBLIGED TO MAKE ANY RESTITUTION OF THE THINGS RECEIVED WHICH HE HAS SPENT OR
CONSUMED IN GOOD FAITH FROM THE MINOR.
4. PERFORMANCE AFTER ACTION TO ENFORCE CIVIL OBLIGATION HAS FAILED
5. PAYMENT BY HEIR OF DEBT EXCEEDINF VALUE OR PROPERTY INHERITED
6. PAYMENT OF LEGACY AFTER WILL HAS BEEN DECLARED VOID