JURISTS BAR REVIEW CENTER™

REVIEW OUTLINE IN PRESCRIPTION

Atty. Aliakhbar A. Jumrani

I. What is Prescription

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 obligations are lost by prescription. (Art.
1106, Civil Code)

Prescription vs. Laches

While prescription is concerned with the fact of delay, laches is concerned with the effect of delay.
Prescription is a matter of time; laches is principally a question of inequity of permitting a claim to be enforced,
this inequity being founded on some change in the condition of the property or the relation of the parties.
Prescription is statutory; laches is not. Laches applies in equity, whereas prescription applies at law. Prescription
is based on fixed time, laches is not. (Maneclang vs. Baun, 208 SCRA 179, 193 [1992])

II. Kinds of prescription

a. Acquisitive prescription – the acquisition of a right by the lapse of time

b. Extinctive prescription – the loss of a right of action by the lapse of time
(Cutanda vs. Cutanda, G.R. No. 109215, July 11, 2000)

Kinds of Acquisitive Prescription:

1. Immovable Properties (not placed under the Torrens System)

a. Ordinary prescription (possession in good faith and with just title) – ten (10) years (Art. 1134, Civil Code)
b. Extraordinary prescription (uninterrupted adverse possession without need of title or of good faith) –
thirty (30) years (Art. 1137, Civil Code)

Note: Section 47 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree,
states that "[n]o title to registered land in derogation of the title of the registered owner shall be acquired by
prescription or adverse possession." Thus, the Supreme Court has held that the right to recover possession of
registered land is imprescriptible because possession is a mere consequence of ownership. However, the right
may be lost by reason of laches. (Fernando vs. Acuna, G.R. No. 161030, September 14, 2011)

2. Movable Properties

a. Ordinary prescription – four (4) years

b. Extraordinary prescription – eight (8) years
(Art. 1132, Civil Code)

III. When Prescription Not Applicable

1. Movables possessed through a crime (Art. 1133, Civil Code)

2. Reconveyance of real property based on implied trust, provided the plaintiff is in possession/ Quieting of
title filed by the registered owner, provided the registered owner is in possession (Ney vs. Quijano, G.R.
No. 178609, August 4, 2010)

3. Action or defense for the declaration of void or inexistent contracts (Art. 1410, Civil Code)

4. Action for reversion filed by the State to recover its own property acquired through fraud by private
individuals (Republic vs. Alejaga, G.R. No. 146030, December 3, 2002)

Review Outline in Prescription by Atty. Aliakhbar A. Jumrani for Jurists Bar Review Center™. All rights reserved 2016 by Jurists
Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full
extent of the law, including administrative complaints with the Office of the Bar Confidant, Supreme Court. Page 1 of 2
 5. Nullity of marriage on the ground of psychological incapacity (Art. 36, Family Code, as amended by E.O.
No. 227)

6. Co-owner’s right to demand partition for as long as the other co-owner/s recognize the co-ownership
(Art. 494, Civil Code; Vda. De Figuracion vs. Figuracion-Gerilla, G.R. No. 151334, February 13, 2013)

7. Right to demand right of way (Art. 1143, Civil Code)

8. Right to bring an action to abate a public or private nuisance (Art. 1143, Civil Code)

IV. Prescription or Limitation of Actions

Note: Unless otherwise stated, the period is reckoned from the accrual of the cause of action

Cause of Action Prescriptive Period

Action to recover movables 8 years (from the time possession was lost),
subject to the provisions of Art. 559 and 1505

Action to recover possession (accion publiciana) 10 years (from dispossession)

and action to recover ownership (accion
reivindicatoria)

Mortgage action 10 years

Upon a written contract 10 years

Rescission of contract 4 years

Annulment of contract 4 years

Upon obligation created by law 10 years

Upon a final judgment 5 years (on motion); 10 years (on action or

enforcement)

Upon an oral contract 6 years

Upon a quasi-contract 6 years

Upon a quasi-delict 4 years (from commission)

Upon an injury to the rights of the plaintiff 4 years

Forcible entry 1 year (from the unlawful deprivation)

Unlawful detainer 1 year (from the last demand)

Defamation 1 year

Other actions not fixed by law 5 years

Review Outline in Prescription by Atty. Aliakhbar A. Jumrani for Jurists Bar Review Center™. All rights reserved 2016 by Jurists
Review Center Inc. Unauthorized reproduction, use, or dissemination is strictly prohibited and shall be prosecuted to the full
extent of the law, including administrative complaints with the Office of the Bar Confidant, Supreme Court. Page 2 of 2