PRESCRIPTION

PRESCRIPTION

mode by which one acquires ownership and other real rights thru lapse of time;

also a means by which one loses ownership, rights & actions;

retroactive from the moment period began to run

• Kinds:
1. Acquisitive
2. Extinctive

• Who may acquire by prescription:

a. person who are capable of acquiring property by other legal modes

b. STATE

c. minors – through guardians of personally

• Against whom prescription run:

1. minors & incapacitated person who have guardians

2. absentees who have administrators

3. persons living abroad who have administrators

4. juridical persons except the state with regards to property not patrimonial in character

5. between husbands & wife

6. between parents & children (during minority/insanity)

7. between guardian & ward (during guardianship)

8. between co-heirs/co-owners

9. between owner of property & person in possession of property in concept of holder

• Things subject to prescription: all things within the commerce of men

a. private property

b. patrimonial property of the state

• Things not subject to prescription:

1. public domain

2. in transmissible rights

3. movables possessed through a crime

4. registered land

• Renunciation of prescription:

 persons with capacity to alienate may renounce prescription already obtained but not the right to prescribe in the future

 may be express or tacit

 prescription is deemed to have been tacitly renounced; renunciation results from the acts w/c imply abandonment of right acquired

 creditors & persons interested in making prescription effective may avail themselves notwithstanding express or tacit renunciation

PRESCRIPTION OF OWNERSHIP & OTHER REAL RIGHTS

• Kinds of Acquisitive prescription

1. ordinary
2. extra-ordinary

• Requisites for ordinary prescription:

1. possession in good faith

2. just title

3. within time fixed by law

 4 years for movables

 8 years for immovables

4. in concept of an owner

5. public, peaceful, uninterrupted
• Requisites for extra-ordinary prescription:

1. just title is proved

2. within time fixed by law

 10 years for movables

 30 years for immovables

3. in concept of an owner

4. public, peaceful, uninterrupted

• GOOD FAITH

 Reasonable belief that person who transferred thing is the owner & could validly transmit ownership

 Must exist throughout the entire period required for prescription

• JUST TITLE (TRUE & VALID) – must be proved & never presumed

a) Titulo Colorado -

b) Titulo putativo -

 title must be one which would have been sufficient to transfer ownership if grantor had been the owner

 through one of the modes of transferring ownership but there is vice/defect in capacity of grantor to transmit ownership

• IN CONCEPT OF OWNER

 possession not by mere tolerance of owner but adverse to that of the owner

 claim that he owns the property

• PUBLIC, PEACEFUL & UNINTERRUPTED

 Must be known to the owner of the thing

 Acquired & maintained w/o violence

 Uninterrupted (no act of deprivation by others) in the enjoyment of property

• INTERRUPTION

a) Natural
- through any cause, possession ceases for more than 1 year

- if 1 year of less – as if no interruption

b) civil
- produced by judicial summons;
- except
1. void for lack of legal solemnities

2. plaintiff desist from complaint/allow proceedings to lapse

3. possessor is absolved from complaint
b) express or tacit renunciation

c) possession in wartime

• RULES IN COMPUTATION OF PERIOD:

a. Present possessor may tack his possession to that of his grantor or predecessor in interest

b. Present possessor presumed to be in continuous possession even with intervening time unless contrary is proved

c. First day excluded, last day included

• TACKING PERIOD

 there must be privity between previous & present possessor

 possible when there is succession of rights

 if character of possession different:

 predecessor in bad faith possessor in good faith – use extraordinary prescription

PRESCRIPTION OF ACTIONS

 By lapse of time fixed by law

 30 years
- action over immovables from time possession is lost

 10 years
- mortgage action

- upon written contract

- upon obligation created by law

- upon a judgement

 8 years
- action to recover movables from time possession is lost

 6 years
- upon an oral contract

- upon a quasi-contract

 5 years
- actions where periods are not fixed by law

 4 years
- upon injury to rights of plaintiff

- upon a quasi-delict

 1 year
- for forcible entry & detainer

- for defamation
 Rights not extinguished by prescription:

1. demand right of way

2. abate public /private nuisance

3. declare contract void

4. recover property subject to expressed trust

5. probate of a will

6. quiet title