I.
PRESCRIPTION
A. ART. 1106, CC (CONCEPT)
Art. 1106. By prescription, one acquires ownership &
other real rights through the lapse of time in the
manner & under the conditions laid down by law.
In the same way, rights & actions are lost by
prescription.
WHAT IS PRESCRIPTION?
Prescription is a mode of acquiring or losing ownership
and other real rights through the lapse of time in the
manner and under conditions laid down by law, namely,
that the possession should be in the concept of an
owner, public, peaceful, uninterrupted, and adverse.
B. WHEN PRESCRIPTION DOES NOT RUN
Prescription does not apply in the following cases:
1. STATE (ART. 1113)
 Public dominion which includes property
belonging to the State cannot be the object
of prescription or indeed be subject of the
commerce of man
Exception: If patrimonial in character
susceptible to acquisitive prescription
Example: A govt official acquired properties
through corruption. The state can always run
after the corrupt public official.
2. REGISTERED LANDS
 a title, once registered, cannot be defeated
even by adverse, open, and notorious
possession (Sec 47, PD 1529)
 an action to recover possession of a
registered land never prescribed to the
effect that no title to registered land in
derogation to that of a registered owner
shall be acquired by prescription or adverse
possession (Sec 44, Act 496)
3. BETWEEN HUSBAND AND WIFE
 even though there be a separation of
property agreed in the marriage
settlements or by judicial decree
4. PARENTS & THEIR CHILDREN
(Minor or Incapacitated)
 during the minority or insanity of the latter
Guardian and Ward
 during the continuance of the guardianship
5. CO-OWNERS unless there was a repudiation
Owner and Beneficiary in implied trust
Minors and Incapacitated Persons who have no
parents, guardians, or legal representatives
6. ABSENTEES WHO HAVE NO ADMINISTRATORS
Person living abroad who have no manager or
administrator
 co-owners & co-heirs with respect to the
property owned in common since co-
ownership is a form of trust and every co-
owner is a trustee for the others
 no prescription shall lie in favor of a co-
owner or co-heirs as long as he expressly or
impliedly recognizes the co-ownership
7. MOVABLES OBTAINED THROUGH CRIMES be
acquired by prescription by the offender (Art.
1133)
Exception: Jewelry that was stolen, then it was
pawned. The pawnshop conducted an auction,
if someone buys the stolen jewelry, it can be
acquired through prescription.
C. ACQUISITIVE PRESCRIPTION
TWO KINDS:
1. ORDINARY ACQUISITIVE PRESCRIPTION
- requires possession of things in good faith and
with just title for the time fixed by law
Requisites:
- Capacity to acquire by prescription
- Object must be susceptible of prescription
- Possession must be in concept of owner,
public, peaceful, continuous, and
uninterrupted
- Possession must be in good faith
- Possession must be by virtue of a just title
 - Possession is 4 (movable) / 10 (immovable)
*Possession is in good faith
(+) when there is a reasonable belief that the
person from whom the thing is received has
been the owner thereof and could thereby
transmit his ownership
(-) ignorance of the possessor of any flaw which
would invalidate his title or mode of acquisition.
*There is just title when the adverse claimant
came into possession of the property through
one of the modes recognized by law for the
acquisition of ownership or other real rights,
but the grantor was not the owner or could not
transmit the right.
There is a defect in the deed of sale. Mr.
Alejandro bought a property in 2010 but it was
not registered and transferred yet. Then
someone came, he also bought the same
property in 2020.
You have proof that you are the owner of
property in good faith…
Requisites:
It must be just, true, valid, & proved
2. EXTRAORDINARY ACQUISITIVE PRESCRIPTION
- it does not require just title and good faith
Example: land formed by accretion adjoining a
riverbank
Requisites:
- Capacity to acquire by prescription
- Object must be susceptible of prescription
- Possession must be in concept of owner,
public, peaceful, continuous, and
uninterrupted
- Possession is 10 (movable) / 30
(immovable)
PERIOD OF PRESCRIPTION
MOVABLE PROPERTY IMMOVABLE PROPERTY
Ordinary Extraordinary Ordinary Extraordinary
4 8 10* 30*
* The 10-year ordinary prescriptive period to
acquire title through possession of real property
in the concept of an owner requires
uninterrupted possession coupled with just title
and good faith.
*Adverse possession
D. EXTINCTIVE PRESCRIPTION (Statute of Limitations)
1. Within 10 years
- Mortgage (Art 1142)
- Upon written contract (Art 1144)
- Obligations created by law (Art 1144)
- Final Judgment (Art 1144)
2. Within 6 years (Art 1145)
- Oral contract
- Quasi-contract
3. Within 4 years (Art 1146)
- Injury to rights of the plaintiff
- Quasi-delict
4. Within 1 year (Art 1147)
- Forcible entry and unlawful detainer
- Defamation
5. Within 5 years (Art 1149)
- All other actions whose period are not fixed
by law
DISTINCTION
ACQUISITIVE EXTINCTIVE
ELEMENT
Requires an essential Requires a negative
element, a positive fact element (inaction of the
(possession by one who owner)
is not the owner)
PURPOSE
To produce acquisition of To produce extinction of
ownership and other real rights
rights
EXTENT
Applicable only to real Applicable to all kinds of
rights which are rights, whether real or
susceptible of possession personal
EFFECT
Results in acquisition as Results in the extinction
well as extinction of a of a real or personal right
real right
E. ACTION TO ENFORCE FINAL JUDGMENT
Section 6 of Rule 39 (Execution by motion or by
independent action), provides that:
“A final and executory judgment or order may be
executed on motion within five (5) years from the date
of its entry. After the lapse of such time, and before it is
barred by the statute of limitations, a judgment may be
enforced by action. The revived judgment may also be
enforced by motion within five (5) years from the date
of its entry and thereafter by action before it is barred
by the statute of limitations.”
F. WHEN PRESCRIPTION IS INTERRUPTED
1. Acquisitive Prescription:
a. Tacit recognition interrupts prescriptive period.
b. This need not be specifically alleged.
Art. 1125. Any express or tacit recognition which the
possessor may make of the owner's right also interrupts
possession.
2. Extinctive Prescription:
a. Written acknowledgment of debtor interrupts
the prescriptive period.
Art. 1155. The prescription of actions is interrupted
when they are filed before the court, when there is a
written extrajudicial demand by the creditors, & when
there is any written acknowledgment of the debt by the
debtors.
G. EXTINCTIVE PRESCRIPTION VS. LACHES
LACHES
- failure or neglect for an unreasonable and
unexplained length of time to do that which, by
exercising due diligence, could or should have been
done earlier
- Negligence or omission to assert a right within a
reasonable time, warranting a presumption that the
party entitled to assert it either abandoned it or
declined to assert it.
Elements:
1. Conduct of the part of the claimant or his
predecessor giving rise to the complaint.
2. Delay in asserting claimant's rights after knowledge
or notice of defendant's conduct when the former
had the opportunity to institute an action.
3. Lack of knowledge or notice on the part of the
defendant that the claimant would assert his right.
4. Injury or prejudice to the defendant in the event
relief is accorded.
PRESCRIPTION LACHES
Concerned with the fact Concerned with the
of delay effect of delay
It is a matter of time It is 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
It is statutory Not statutory
Applies at law Applies in equity
Based on fixed time Not based on fixed time
II. OBLIGATIONS
General Classification of Obligations
Civil Obligations – Obligation which if not fulfilled when
it becomes due and demandable, may be enforced in
court through an action.
Natural Obligations – A natural obligation is an
obligation that has no legal basis and hence does not
give a right of action to enforce its performance. It is
based on equity, morality, and natural law, and should
be voluntary
Examples:
Civil Obligation: Romeo executed a promissory note in
favor of Juliet for 50, 000. Romeo is the debtor (payor)
while Juliet is the creditor (payee). If Romeo does not
pay on due date, Juliet can enforce the fulfillment of the
obligation by court action.
Natural Obligation:
If Romeo does not file a court action against Juliet
within 10 years from the due date which is the
prescriptive period for an action against a written
contract. Juliet loses the right to exact performance by
court action. However, if Romeo, out of his love for
Juliet, voluntarily makes the payment to Juliet though
such obligation has been prescribed, Romeo will no
longer be allowed to recover what he has given as
payment because although the obligation has been
prescribed, in equity and moral justice, Romeo still owed
Juliet the amount of 50, 000.
obligation to pay interest for use of money, even if not
agreed upon in writing.
duty to support natural or spurious children (even if not
recognized voluntarily or by judicial compulsion and
even if there is a judgment denying recognition).
giving of material and financial assistance to children
upon their marriage
Article 1156. An obligation is a juridical necessity to
give, to do or not to do.
A contract of sale and a contract of loan are examples
of prestation to give.
A contract of labor or a service contract is an example of
a prestation to do.
Sources of Obligations (Arts 1156 and 1157)
Article. 1157. Obligations arise from:
Law - a rule of conduct, just and obligatory,
promulgated by the legitimate authority, for common
observance and benefit.
Example: Payment of Taxes
Contracts - meeting of the minds between two persons
whereby one binds himself, with respect to the other,
to give something or to render some service.
Quasi-contracts - refers to a lawful, voluntary and
unilateral act based on the maxim that no one shall
unjustly enrich himself at the expense of another
Solutio indebiti, which is payment by mistake;
something is received when there is no right to
demand it, and it was unduly delivered through
mistake, the obligation to return it arises
Negotiorum gestio, which takes place when a
person without the consent of the owner,
assumes the management of an abandoned
business;
Acts or omissions punishable by law – civil obligation
arising from criminal offense
Quasi-delicts - (also called culpa aquiliana) is any act or
omission which causes damage to another, there being
fault or negligence, and there being no preexisting
contractual relation between the parties
Law
· Interest (Art. 1956 and Art. 1960)
Art. 1956. No interest shall be due unless it has been
expressly stipulated in writing.
Art. 1960. If the borrower pays interest when there has
been no stipulation therefor, the provisions of this Code
concerning solutio indebiti, or natural obligations, shall
be applied, as the case may be.
Lara’s Gifts and Decors Inc. v. Midtown Industrial Sales
G.R. No. 225433, August 28, 2019
· Performance of Obligations imposed by law in the
interest of the public
Arts. 206, FC
When, without the knowledge of the person obliged to
give support, it is given by a stranger, the latter shall
have a right to claim the same from the former, unless it
appears that he gave it without intention of being
reimbursed.
Art. 207, FC
When the person obliged to support another unjustly
refuses or fails to give support when urgently needed by
the latter, any third person may furnish support to the
needy individual, with right of reimbursement from the
person obliged to give support. This Article shall
particularly apply when the father or mother of a child
under the age of majority unjustly refuses to support or
fails to give support to the child when urgently needed.
Art 2165, CC
When funeral expenses are borne by a third person,
without the knowledge of those relatives who were
obliged to give support to the deceased, said relatives
shall reimburse the third person, should the latter claim
reimbursement.
Arts. 2167, CC
When through an accident or other cause a person is
injured or becomes seriously ill, and he is treated or
helped while he is not in a condition to give consent to a
contract, he shall be liable to pay for the services of the
physician or other person aiding him, unless the service
has been rendered out of pure generosity.
Art. 2168, CC
When during a fire, flood, storm, or other calamity,
property is saved from destruction by another person
without the knowledge of the owner, the latter is bound
to pay the former just compensation. Offenses committed by public officer or private person
which stops you to exercise your freedom, you can file
Art 2169, CC a separate civil action.
When the government, upon the failure of any person
to comply with health or safety regulations concerning *Article 33
property, undertakes to do the necessary work, even
over his objection, he shall be liable to pay the Even if there is fortuitous events,
expenses. When the law states it
Nature of obligation requires it
Art 2170, CC The parties stipulated on it
When by accident or other fortuitous event, movables
separately pertaining to two or more persons are
commingled or confused, the rules on co-ownership
shall be applicable.

Art. 2174, CC
When in a small community a nationality of the
inhabitants of age decide upon a measure for protection
against lawlessness, fire, flood, storm or other calamity,
anyone who objects to the plan and refuses to
contribute to the expenses but is benefited by the
project as executed shall be liable to pay his share of
said expenses.

D. Quasi Contracts (Arts 2142, 2144,2147-8,);

 · Negotiorum Gestio (Art 2144)
 · Solutio Indebiti (Arts 2154 and 2155)

II E (All cases) to Aleatory Contracts

Even if there is a pre-existing contractual relation

between the parties, the injured party may file a case
for damages if the following are present:
 Delay
 Gross negligence
 Bad faith
 Fraud

Barredo vs. Garcia

*Article 2180: Vicarious Liability
*Filing of Separate Civil Action
- If a separate liability is filed against the employer, the
latter’s liability is now direct.
- When the offense committed amounts to a quasi-
delicts and tort you need not reserve a separate civil
action.
- You have the right to elect a separate civil action.