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VII.

PRESCRIPTION
Extinctive Prescription
1. Meaning and effects
- actions prescribe by mere lapse of time; Statute of Limitations

2. As a defense
-to be asserted as such, it must be pleaded and proved; proof cannot be later on
presented if objection is made because it was not pleaded.

3. Statute of limitations/ Prescriptive periods:

a. 40 days- redhibitory action based on defects of animals (Art 1577: from date of
delivery; faults and defects determined by law or local customs)

b. 6 MONTHS-
i. action for reductionof price fro rescission in case of breach of sale of real estate
either with a statement of its area at a certain price for a unit of measure or number or
for lump sum, from the day of delivery
ii. action for warranty against hidden defects, from delivery.

c. 1 year
i. action by husband against wife to impugn the legitimacy of the child, if husband
is residing in the same place as the wife, from knowledge of birth or recording
with Local Civil Registrar.
ii. action for revocation of donation for acts of ingratitude.
iii. action for forcible entry or unlawful detainer
iv. action for defamation
v. action for rescission or for damages if immovable sold is encumbered with
non- apparent burden or servitude.

d. 2 years
i. action to impugn legitimacy of a child if H is in the Phils. But not in the same
place as wife.

e. 3 years
i. action to impugn legit of a child if H is abroad.

f. 4 years
i. action for revocation or reduction of donation based on supervening birth,
appearance or adoption of a child.
ii. action for revocation of donation based on non- fulfilment of condition
iii. action for recovery of movable (replevin) if possessor is in good faith
iv. action upon an injury to the rights of the plaintiff
v. action upon a quasi- delict
vi. action for rescission of rescissible contracts
vii. action for annulment of voidable contracts

g. 5 years (all actions whose periods not fixed by law or the code)
i. action for legal separation
ii. action for annulment of marriage based on lack of parental consent

prescription of actions is interrupted : i. enforcement of obligations to pay principal with interest or annuity. action for support ii. actions arising from the result of the accounting. declaration of nullity of void marriage iii. 5. recovery of immovable property and all other real actions held in good faith iv. action to demand accounting. all obligations created by law v. action to demand right of way vi. replevin case held in bad faith iii. Imprescriptible i.h.runs from the last payment of the annuity or of the interest.runs from the day the persons who should render the same cease in their functions d. action to enforce mortgage contract ii. quasi-contract i.subject to LACHES 4. action for registration of shares of stocks . -starting point is the legal possibility a. when they are filed before the court ii. b. Interruption . state loses ownership over patrimonial property or alienable lands l. action to enforce final and executory judgment vi. when there is a written extra-judicial demand by the creditors . replevin case (movable). actions to demand the fulfilment of obligations declared by a judgment- commences from the time the judgment became final. 6 years i. action for abatement of nuisance v. action based on express trust iv.runs from the date when said result was recognized by agreement of the interested parties. action to recover real properties held in bad faith ii. action for partition of hereditary estate viii. quieting of title vii. oral contract ii. action for probate of a will ix. held in good faith j. action for declaration of nullity of contract x. c. reformation of a written instrument k. all rights and obligations based on a written contract vii. Computation of the period . 10 years i. except if there is a special provision that states otherwise.counted from the day they may be brought. 30 years i. 8 years i.

Through estoppel an admission or representation is rendered conclusive upon the person making it. b. induces other to believe certain facts exist and such other rightfully relies and acts on such belief. -conduct because of ignorance of mistake does not result in estoppel.applies only to questions of fact not of law B. In Pais or by conduct: Meaning and requisites .if a person in representation of another sells a thing. iii.type of technical estoppel by virtue of which a party and his privies are precluded from denying the truth of matters set forth in a record.res judicata: makes a judgment conclusive between the parties as to things which were directly adjudged. or from denying any material fact asserted therein. must be expressly pleaded . or by his silence when he ought to speak out. By representation/ positive acts -when a person who is not the owner of a thing sells it ad delivers it and later the seller or grantor acquires title thereto. the promise must have been relied upon and prejudice would result unless estoppel is applied. . intentionally or through culpable negligence.it is a bar. it cannot validate a void contract 3.a mere promise to perform or to omit at some future time does not necessarily result in estoppel. when there is any written acknowledgment of the debt by the debtor VIII. By Record: by judgment v. By silence . Sale of after acquired property. ESTOPPEL(1431-1439) A.there must be a written instrument which must be valid. For this to exist.the principle is only suppletory.a type of technical estoppel by virtue of which a party to a deed and his privies are precluded from asserting as against the other party and his privies any right or title in derogation of the deed. has its origin in equity.by judgment: prevents the parties from raising questions that could have been put in issue and decided in the previous case. the former cannot subsequently set-up his own title as against the buyer or grantee. 2. Prejudice is not essential. by his acts.cannot be invoked against the government except if there is erroneous application or enforcement of the law . . such title passes by operation of law to the buyer or grantee. representations or admissions. . . By promise (promissory estoppel) . based on moral rights and natural justice. and cannot be denied or disproved as against the person relying thereon. c. Definition and meaning . as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts. res judicata . a. By Deed . . whether judicial or legislative. . Kinds 1.arises when one.

arises when a party who has the right and opportunity to speak and act as well as a duty to do so under the circumstances. by exercising due diligence. induces other to believe certain facts to exist and such other relies and acts on such belief. L: concerned with the effect of delay P: concerned with the fact of delay 2. By laches: prescription vs. could or should have been done earlier.doctrine of stale demands.ex. L: not based on fixed time P: based on fixed time . laches . as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts.elements: i. . By acquiscience/ acceptance of benefits .arise when a party. . ii. to do that which. L: applies in equity P: applies at law 4.ex. -laches vs prescription 1.failure or neglect for an unreasonable and unexplained length of time. intentionally or through culpable negligence. Art 1438 4. iv. Art 1437 d. conduct on the part of the defendant or of one under whom he claims. the complainant having knowledge or notice of the defendant's conduct and having been afforded an opportunity to institute a suit iii. . by accepting benefits derived from a certain act or transaction. lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit. injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit is not held to be barred. . L: Not statutory P: Statutory 3. as a consequence of which he would be prejudiced if the former is permitted to deny the existence of such facts. . delay in asserting the complainant's rights. it warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert. giving rise to the situation of which the complaint seeks a remedy. intentionally or through culpable negligence. induces other to believe certain facts to exist and such other relies and acts on such belief.