MODULE 7

PRESCRIPTION

1. Concept of Prescription

2. Types of prescription:
a. Acquisitive prescription
(a.1) Ordinary acquisitive prescription
(a.2) Extraordinary acquisitive prescription
b. Extinctive prescription

3. Prescription of actions
a. Actions to recover movables shall prescribe eight
years from the time the possession thereof is lost.
(Art. 1140, NCC.)
b. Real actions over immovables prescribe after thirty
years. (Art. 1141, NCC.)
c. A mortgage action prescribes after ten years. (Art.
1142, NCC.)
d. The following actions must be brought within ten
years from the time the right of action accrues: (Art.
1144, NCC.)
(d.1) Upon a written contract.
(d.2) Upon an obligation created by law.
(d.3) Upon a judgment.

e. The following actions must be commenced within six

years: (Art. 1145, NCC.)
(e.1) Upon an oral contract.
(e.1) Upon a quasi-contract.
f. The following actions must be instituted within four
years: (Art. 1146, NCC.)
(f.1) Upon an injury to the rights of the plaintiff.
(f.2) Upon a quasi-delict.
g. All other actions whose periods are not fixed in this
Code or in other laws must be brought within five
years from the time the right of action accrues. (Art.
1149, NCC.)
h. When prescription of actions interrupted
 The prescription of actions is interrupted:
(a) When they are filed before the court.
(b) When there is a written extrajudicial demand by
the creditors; and,
(c) When there is any written acknowledgement of
the debt by the debtor.

ESTOPPEL
1. Concept of Estoppel

2. Kinds of Estoppel
a. Estoppel in pais (equitable estoppel)
b. Estoppel by deed (technical estoppel)
(b.1) Estoppel by deed
(b.2) Estoppel by record
c. Estoppel by laches

3. Estoppel cannot be invoked against the government