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Legal Provisions on Prescription

This document outlines general provisions regarding prescription in Philippine law. It defines prescription as acquiring ownership or other real rights through the lapse of time according to law. It also defines losing rights and actions through prescription. It specifies that minors and incapacitated persons can acquire property or rights through prescription personally or through representatives. Prescription runs against minors and others with representatives, absentees, persons living abroad, and juridical persons except the State. Prescription does not run between spouses or parents and children during minority or insanity. The document also covers other topics like prescription benefiting co-owners, renouncing prescription, things susceptible to prescription, and transition provisions.

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Fermari John Manalang
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219 views1 page

Legal Provisions on Prescription

This document outlines general provisions regarding prescription in Philippine law. It defines prescription as acquiring ownership or other real rights through the lapse of time according to law. It also defines losing rights and actions through prescription. It specifies that minors and incapacitated persons can acquire property or rights through prescription personally or through representatives. Prescription runs against minors and others with representatives, absentees, persons living abroad, and juridical persons except the State. Prescription does not run between spouses or parents and children during minority or insanity. The document also covers other topics like prescription benefiting co-owners, renouncing prescription, things susceptible to prescription, and transition provisions.

Uploaded by

Fermari John Manalang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TITLE V. – PRESCRIPTION

Chapter 1

GENERAL PROVISIONS

Art. 1106. 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 actions are lost by prescription.

Art. 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the
same by means of prescription.

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

Art. 1108. Prescription, both acquisitive and extinctive, runs against:

1. Minors and other incapacitated persons who have parents, guardians or other legal representatives;
2. Absentees who have administrators, either appointed by them before their disappearance, or appointed by
the courts;
3. Persons living abroad, who have managers or administrators;
4. Juridical persons, except the State and its subdivisions.

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

Art. 1109. Prescription does not run between husband and wife, even though there be a separation of a
property agreed upon in the marriage settlements or by judicial decree.
Neither does prescription run between parents and children, during the minority or insanity of the latter, and
between guardian and ward during the continuance of the guardianship.

Art. 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman.

Art.1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others.

Art. 1112. 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 when the renunciation results from acts which imply the
abandonment of the right acquired.

Art. 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise
provided. Property of the State or any of its subdivisons not patrimonial in character shall not be the object of
prescription.

Art. 1114. Creditors and all other persons interested in making the prescription effective may avail themselves
thereof notwithstanding the express or tacit renunciation by the debtor or proprietor.

Art. 1115. The provisions of the present Title are understood to be without prejudice to what in this Code or in
special laws is established with respect to specific cases of prescription.

Art. 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in
force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the
present Code shall be applicable, even though by the former laws a longer period might be required.

Chapter 2

PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS

Art. 1117 – Art. 1138

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