10 BASIC PRESCRIPTIVE PERIOD LAWYERS ALWAYS REMEMBER

Bar by statute of limitations is a ground for a motion to dismiss under Rule

16 of the Rules of Court. Hence, if a cause of action has already
prescribed, it can no longer be enforced in court and the defendant may
move that the case be thrown out. In fact, should the court find that
prescription has already set in, it shall dismiss the case motu proprio.

An action prescribes by the lapse of time fixed in the Civil Code (Articles
1139 to 1155). The following are ten (10) basic rules to remember:

1. Eight years (8) for actions to RECOVER MOVABLES;

2. Thirty years (30) for REAL ACTIONS OVER IMMOVABLES;
3. Ten (10) years for WRITTEN CONTRACTS;
4. Ten (10) years for OBLIGATIONS CREATED BY LAW;
5. Ten (10) years for OBLIGATIONS CREATED BY JUDGMENT;
6. Six (6) years for ORAL CONTRACTS;
7. Six (6) years for QUASI-CONTRACTS;
8. One (1) year for FORCIBLE ENTRY and UNLAWFUL DETAINER;
9. One (1) year for DEFAMATION; and
10. Five (5) years for ALL OTHER ACTIONS whose periods are not
fixed in the Civil Code or other laws.