OBLIGATION AND CONTRACTS
Essential elements in the principle of latches:
(1) conduct on the part of the defendant, or one under whom he claims, giving rise to
the situation that led to the complaint for which the complaint seeks a remedy:
(2) delay in asserting the complainant's rights, the complainant having had knowledge
or notice of the defendant's conduct and having been afforded an opportunity to institute
a suit; (3) lack of knowledge or notice on the part of the defendant that the complainant
would assert the right on which he bases his suit;
(4) injury or prejudice to the defendant in the event relief is accorded to the complainant
or the suit is not held barred.
Source: Narciso & Maria Buenaventura v CA GR 50837 December 28, 1992
Prescription
-
A method of acquiring a non-possessory interest in land through the long,
continuous use of the land.
the method of acquiring an easement upon another's real property by continued and
regular use without permission of the property owner for a period of years required by
the law of the state
Real Property:
Ordinary prescription
: 10 years
Extraordinary prescription : 30 years
Movables / Personal Properties
Ordinary prescription
Extraordinary prescription
: 8 years
: 4 years
Ordinary Prescription Requirements:
- Possession of property
(1) in good faith
(2) just title
Extraordinary Prescription Requirements:
- uninterrupted, continuous adverse possession of properties.
PRESCRIPTION PERIOD
Cause of Action
Nullity of marriage
Reconveyance
- if resulting from fraud
- Torrens title obtained in:
- bad faith
- passed to innocent buyer
Prescription
imprescriptible
10 years
4 years
Imprescriptible
Imprescriptible
Nullity of a void judgment
Ordinary Acquisitive Prescription:
- immovables
- movables
imprescriptible
Extraordinary Prescription
immovables
movables
Nullity of Falsified Deed of Sale
Torrens Titles
Right to seek partition of land
when co-ownership is recognized
Ejectment
Against Administrative offenses
Probate of will
Deportation of alien
Recovery of purchase price
Refund of tax
Claim for payment
Revocation of donation for noncompliance of conditions
stipulated;
Reckoning
From the issuance of title.
From discovery of fraud
10 years
4 years
30
8 years
imprescriptible
Imprescriptible but may
lose ownership thru latches
Imprescriptible
Exception: when coowner repudiates the
ownership, action
prescribes in ______.
1 year
imprescriptible
imprescriptible
5 years
2 yrs
2 yrs
10 yrs
4 years
LATCHES unreasonable delay to
bring cause of action.
Not barred by latches
From date the cause of deportation
arose
From the date of sale
From the date of tax assessment
Reduction of donation based on
4 years
birth, appearance, or adoption of a
child
Revocation of donation based on
ingratitude
1 year
From time the donor has knowledg
of the fact.
Mortgage Action
Demand for right of way
Bring action to abate a public or
private nuisance
Quiet a Title (as long as the
plaintiff is in possession of the
property)
Right to demand support
Action to recover property in
express trust (based on
confidence & trust)
UNLESS: In view of lack of
confidence or fiduciary relations
Recovery of registered owner of
land with Torrens Title
Upon written contract
10 years
(properties with Torrens
title may be foreclosed
since right to mortgage can
prescribe, for what does
not prescribe is the
ownership of the land)
imprescriptible
imprescriptible
imprescriptible
Imprescriptible
(installments on support in
arrears may prescribe)
Imprescriptible
- may prescribe with
latches
imprescriptible
10 years
Rescission of contract
4 years
Annulment for contract
4 years
Upon obligation created by law
Upon a judgment
10 years
10 years
(enforcement by writ of
execution 5 years)
10 years
6 years
6 years
4 years
4 years
4 years
(Family Code: 5 yrs)
Compensation from employer
Oral contract
Quasi-contract
Upon injury to right of plaintiff
Quasi-delict / tort
Annulment of marriage based on
fraud, non-age, force, intimidation
The moment surety company pays
the bond
In case of fraud upon discovery
thereof; in case of contracts entere
by minors/incapacitated from the
time guardianship ceases.
From time such is committed
From time fraud, force, etc. ceas
Annulment of marriage due to
impotency
Forcible entry and detainer
8 years
1 year
From the time of celebration of the
marriage
Date of unlawful deprivation (forcib
entry)
Date of last demand (for detainer)
Defamation
Legal separation
Impugn Legitimacy of child
if father/heirs reside in the
same place of birth of child
if residing in other place within
the Phils.
if residing abroad
Other actions not fixed by Law
1 year
5 years
(Family Code)
1 year
Knowledge of cause
From recording of birth to the local
civil registry
2 years
3 years
5 years
Claim for legitimacy of a legitimate imprescriptible
child
From the time the right of action
accrues.
May bring action as long as the
person lives
Establishment of illegitimate
filiation of illegitimate child
Recovery of the purchase price
Action of buyer of land to compel
seller to execute deed of
conveyance
Annulment of contract entered by
minors or incapacitated persons
Forcible entry
imprescriptible
May bring the action in his lifetime
2 years
imprescriptible
From the date of sale
As long as the buyer still in
possession of the property
4 years
From the time guardianship ceases
1 year
Forcible detainer
1 year
From time of unlawful deprivation
and discovery
From the date of last demand
