Prescription

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PRESCRIPTION

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Prescription is a mode of acquiring or losing ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law, namely that the possession should be:

CPP OCEANA not merelt tolerated.

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ADVERSE POSSESSION

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In order that a possession may really be adverse, the claimant must clearly, definitely and unequivocally inform the owner of his intent to avert exclusive ownership in himself.

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REASONS/BASES FOR PRESCRIPTION

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1. Economic necessity

2. Freedom from judicial harassment

3. Convenience in procedural matters

4. Presumed abandonment or waiver

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LACHES

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Laches or estoppel by laches is the unreasonable delay of bringing the cause of action before the courts of justice. As defined by SC, laches is the failure or neglect for an unreasonable and unexplained length of time, to do that which should or could have been done earlier.

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ARRADAZA V CA AND LARRAZABAL

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The principle of laches is not to penalize neglect or sleeping upon ones right but rather to avoid recognizing a right when to do so would result to a clearly inequittable situation.

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RATIONALE OF LACHES

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If a person fails to act as soon as possible in vendication of an alleged right, it is as if such right does not really exist.

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PRESCRIPTION V LACHES

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Prescription:

1. Is concerned with the fact of delay

2. Is a matter of time

3. Applies at law

4. Statutory

5. Based on fixed time

Laches:

1. Concerned with the effect of delay

2. Not a matternof time

3. Applies in equity

4. Not statutory

5. Laches is not based on fixed time

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RIGHT OF THE STATE

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To recover property unlawfully acquired by public officials or employees from them or their nominees or transferees shall not be bafred by prescription, laches or estoppel.

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Art. 1107 Persons capable of acquiring

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Persons who are capable of acquiring property and other real rights by other legal modes may acquire the same by prescription.

Minors and other incapacitated persons may acquire property by prescription either personally, from their parents, guardians, or legal representatives.

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REASON for Art 1107

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If a person can become an owner by donation, he can also become owner by prescription

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DONATION BY PARAMOUR

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A husband cannot validly receive a donation from his paramour but he can acquire by extraordinary prescription because he would be lacking the just title for under the law they afe incapacjtated to donate to each other. The donation is void.

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MINORS MAY ACQUIRE PERSONALLY

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This is because only juridical capacity is required and not capacity to act. Even the descernment of intent to possess is not requured for such personal acquisition this is so because the law makes no distinction.

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Art. 1108 Prescription runs against

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Prescription both acquisitive and extinctive runs against those:

1. Minors and other incapacitated persons who have parents, guardians or legal representatives

2. Absentees who have administrators either aplointed by them beforw thwir disappearance or by the courta.

3. Persons living abroad who have administrators

4. Juridical persons except the State and its subdivisions.

Persons who are disqualified from administering their property have a right to claim for damages from their legal representatives whose negligence has been the cause of prescription

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MINORS WITHOUT PARENTS

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While the article seemingly implies that minors and incapacitated persons who have no parents, prescription should not run against them but sec 42 45 and 46.of Act 190 is applicable to them thus prescription can still run against them except that they may still bring the action within a number of years after their disability has been remived:

1. 3years for recovery of land

2. 2 years for other civil actions

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THE STATE

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No prescription can run against the State except with reference to property patrimonial in character.

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Art. 1109 prescription Between husband and wife

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Prescription does not run between the husband and wife even though there be separation of properties agreed upon in the marriage settlement or by judicial decree.

Neither does prescription between parents and their children during their minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship.

Except when prescription is specifically provided for by law:

1. The prescriptive period for legal separation suits

2. Alienations made by the husband without the wifes consent.

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Art. 1111 prescription by co owner

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Prescription obtained by one of the co proprietor or co owner shall benifit the others.

**a co owner or co proprietor acts for the interest of the whole co ownership. Similarly, an action for ejectment may be brought by just one of the co owners.

**however, there can be prescription between or among co owners when there is a definite repudiation of the co ownership made known to the other co owners.

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Art 1112 renounce prescription

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Persons with capacity to alienate property may renounce prescription already obtained but not the right to prescribe in the future.

Prescription is deemed to have been tacitly renounced with such renunciation results from acts which imply abandonment of the rights acquired.

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REQUISITES FOR RENUNCIATION

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1. Renouncer must have capacity to alienate the property

2. The property acquired must have already been obtained.

3. The renouncing must be made by the owner of the right

4. The renouncing must not prejudice the rights of other whose rights ade recognized by law.

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IMPLIED OR TACIT RENUNCIATION

There ia a tacit renunciation when there is an action which implies the abandonment of the right acquired.

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1.Sonia knows the debt has prescribed, acknowledges the existence of debt and promises to pay, there is an implied renunciation of the prescription=civil obligation

2.Sonia knows the debt has prescribed, voluntarily pays the debt, cannot rwcover what she has already paid=natural obligation

3.Sonia, doesnt know the debt has prescribed, pays it, no renunciation of preacription, can still recover=solutio indebiti

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Art 1113

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All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be object of prescription.

**patrimonial property of the state=can be acquired by prescription

**public property cannot be subject of prescription. This rule applies even to privately owned unregistered lands which unless the contrary is shown are preumed to be public lands.

**all lands belong to the crown unless they had been granted by the King or in his name or by the Kings preceded him.

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Art 1113 within commerce

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All things which are within the commerce of men are susceptible of prescription, unless otherwise provided. Property of the State or any of its subdivisions not patrimonial in character shall not be object of prescription.

**patrimonial property of the state=can be acquired by prescription

**public property cannot be subject of prescription. This rule applies even to privately owned unregistered lands which unless the contrary is shown are preumed to be public lands.

**all lands belong to the crown unless they had been granted by the King or in his name or by the Kings preceded him.

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PROPERTIES CANNOT BE ACQUIRED BY PRESCRIPTION

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1. Those prote ted by Torrens Title

2. Movables acquired through a crime

3. Thise outside the commerce of men

4. Properties of apouses, parents and children, wards and guardians under the restrictions imposed by law.

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Art. 1114 notwithstanding

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Creditors and all other persons interested in making thenprescription effective may avail themselves thereof notwithstanding the express or tacit renunciation by the debtor or propreitor.

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TRANSITIONAL RULES FOR PRESCRIPTION

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1. Began and endes undee the old laws=old laws shall govern

2. Began under New Civil=new civil code shall govern

3. Began under old law and continues under the new code=old law applies except:

1.the new civil code requires a shorter period

2.the shorter period has already elapsed since Auv 30 1950.

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Art 1117 dominion

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Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.

Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law.

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REQUISITES OF ORDINARY AND EXTRAORDINARY PRESCRIPTION

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1. Capacity of acquirer to acquire by prescription

2. Capacity of the loser to lose by preacription

3. Object must be susceptible of prescription

4. Lapse of required period of time

5. Possession must be: CPP OCEANA not merely tolerated

**ordinary prescription: good faith and just title

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POSSESSOR IN CONCEPT OF HOLDER

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Apossessor in the concept of a holder cannot acquire property by prescription because his possession is not adverse, the caoacity of administrator cannot ripen into ownership

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Art 1119 tolerance or license

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Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purpose of possession.

**in possession by license or tolerance there is an implied renognition of ownerahip reaiding in ANOTHER.

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Art 1120 interrupted

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Possession is interrupted for the purposes of prescription naturally or civilly.

**if prescription is interrupted, the old possession will generally not be counted, and the period must begin all over again.

**if prescription is merely suspended, old possession will be added, happens during war where civil courts are not ope

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Art 1121 Natural interruption

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Possession is naturally interrupted when through any cause, it should cease for more than one year.

The old possession is not revived if a new possessjon must be exercised by the same adverse claimant.

**lossession de facto is lot if the propertt be in the possession of another for more than 1 year. Hence if the possession of another has been for 1year or less, it is as if there was really no interruption.

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Art 1152 Prescription by judgment

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The period for prescription of actions which demand fulfillment of the obligations declared by a judgment commences feom the time the judgment became final.

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1153 accounting

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The period for prescription of action to demand accounting runs from the day the person who should render tge same service ceased in their functions.

The period for the actions arising from the result of accounting runs from the date when said reault was recognized by agreement of the interested parties.

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Art. 1154 fortuitous event

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The period during which the obligee was prevented by fortuitous events to enforce his right shall not be reckoned against him.

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Art 1155

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The prescription of action is interrupted when thay are filed before the courts and when there is a written extra judicial deamnd by the creditors and when there ia s written acknowledgment of the debt by the debtor.