Prescription PARAS

TITLE V. — PRESCRIPTION

Chapter 1 GENERAL PROVISIONS

Article 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.

COMMENT:(1) Definition of Prescription

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

. (a) in the concept of an owner

. (b) public

. (c) peaceful

. (d) uninterrupted. (Arts. 1106, 1118, Civil Code).

. (e) adverse. In order that a possession may really be adverse, the claimant must clearly, definitely, and unequivocally notify the owner of his (the claimant’s) intention to avert an exclusive ownership in himself. (Clendenin v. Clendenin, 181 N.C. 465 and Director of Lands v. Abiertas, CA-GR 91-R, Mar. 13, 1947, 44 O.G. 923) .

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Art. 1106 CIVIL CODE OF THE PHILIPPINES

(2) Proof Needed

Because prescription is an extraordinary mode of acquiring ownership, all the essential ingredients, particularly the period of time, must be shown clearly. (Boyo v. Makabenta, CA-GR 7941-R, Nov. 24, 1952).

(3) Reasons or Bases for Prescription

(a) Economic necessity (otherwise, property rights would remain unstable).

Director of Lands, et al. v. Funtillar, et al. GR 68533, May 23, 1986

FACTS: Where the land sought to be registered was declared alienable and disposable 33 years ago, and is no longer a forest land, and the same has been possessed and cultivated by the applicants and their predecessors for at least

three generations.

HELD: The attempts of humble people to have disposable lands they have been tilling for generations titled in their names should not only be viewed with an understanding attitude but should, as a matter of policy, be encouraged.

(b) Freedom from judicial harassment (occasioned by claims without basis).

(c) Convenience in procedural matters (in certain instances, juridical proof is dispensed with).

(d) Presumed abandonment or waiver (in view of the owner’s indifference or inaction).

(4) Classification of Prescription

(a) as to whether rights are acquired or lost:

1) acquisitive prescription (prescription of ownership and other real rights).

a) ordinaryprescriptionb) extraordinaryprescription

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CIVIL CODE OF THE PHILIPPINES Art. 1106

2) extinctive prescription (“liberatory prescription;’’ prescription of actions); (“Statute of Limitations’’).

(b) as to the object or subject matter:

. 1) prescription of property a) prescriptionof real property b) prescriptionof personal rights

. 2) prescription of rights

(5) Laches

Laches (or “estoppel by laches”) is unreasonable delay in the bringing of a cause of action before the courts of justice. Thus, if an action prescribes say in ten (10) years, it should be brought to court as soon as possible, without waiting for 8 or 9 years, unless the delay can be justifiably explained (as when there is a search for evidence). Note therefore, that while an action has not yet prescribed, it may no longer be brought to court because of laches.

As defined by the Supreme Court, “laches is 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; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled thereto either has abandoned it or declined to

assert it. However, courts will not be bound by strictures of the statute of limitations or laches when manifest wrong or injuries would result thereby.” (Cristobal v. Melchor, 78 SCRA 175).

Arradaza, et al. v. CA & Larrazabal GR 50422, Feb. 8, 1989

The principle of laches is a creation of equity. It is applied, not really to penalize neglect or sleeping upon one’s right, but rather to avoid recognizing a right when to do so would result in a clearly inequitable situation.

(6) Rationale for Laches

If a person fails to act as soon as possible in vindication of an alleged right, it is possible that the right does not really exist.

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(7) ‘Prescription’ Distinguished from ‘Laches’

Mapa III v. Guanzon 77 SCRA 387

While prescription is concerned with the FACT of delay, laches deals with the EFFECT of unreasonable delay.

David v. Bandin GR 48322, Apr. 8, 1987

FACTS: A and B , husband and wife, died intestate, leaving two children, X and Y. X had been administering the property until her death in Feb. 15, 1955. Plaintiffs, the children of Y, were given their shares of the fruits of the property, though irregular and at times little, depending on the amount of the harvest. On April 23, 1963, plaintiffs, the children of Y, sent a letter of demand to the heirs of X for partition, and on June 14, 1963, or within a period of approximately 8 years from X’s death, filed their complaint against X’s heirs.

HELD: Plaintiffs cannot be held guilty of laches, nor is their claim barred by prescription. Plaintiffs were not guilty of negligence nor did they sleep on their rights.

Prescription generally does not run in favor of a co-heir or co-owner as long as he expressly or impliedly recognizes the co- ownership. While implied or constructive trust prescribes in 10 years, the rule does not apply where a fiduciary relation exists and the trustee recognizes the trust.

Gallardo v. Intermediate Appellate Court GR 67742, Oct. 29, 1987

In determining whether a delay in seeking to

enforce a right constitutes laches, the existence of a confidential relationship between the parties is an important circumstance for consideration. A delay under such circumstance is not as strictly regarded as where the parties are strangers to each other. The doctrine of laches is not strictly applied between near relatives, and the fact that parties are connected by ties of blood or marriage tends to excuse an otherwise unreasonable delay.

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Narciso Buenaventura & Maria Buenaventura v. CA & Manotok Realty, Inc.GR 50837, Dec. 28, 1992

The defense of laches applies independently of prescription. Laches is different from the statute of limitations. Prescription is concerned with the fact of delay, whereas laches is concerned with the effect of delay. Prescription is a matter of time; laches is principally a question of inequity of permitting a claim to be enforced, this inequity being founded on the same change in the condition of the property or the relation of the parties. Prescrip- tion is statutory; laches is not. Laches applies in equity, whereas prescription applies at law. Prescription is based on fixed time; laches is not.

(8) Constitutional Provision

The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel. (Sec. 15, Art. XI, The 1987 Philippine Constitution).

(9) Cases

Republic v. Animas 56 SCRA 871

Prescription does not run against the State, especially because the recovery of unlawfully acquired properties has become a State policy.

Aldovino v. Alunan III 49 SCAD 340 (1994)

Prescription must yield to the higher interest of justice.

Francisco v. CA 122 SCRA 538

Philippine jurisprudence shows that the filing of the complaint, even if merely for purposes of preliminary examination

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or investigation, suspends and interrupts the running of the prescriptive period.

(10) Prescriptive Period on Registered Land covered by Tor- rens System

Quirino Mateo & Matias v. Dorotea Diaz, et al. GR 137305, Jan. 17, 2002

FACTS: The land involved is registered under the Tor- rens system in the name of petitioners’ father Claro Mateo. There is no question raised with respect to the validity of the title. Immediately after petitioners discovered the existence of OCT 206 in 1977 or 1978, they took steps to assert their rights thereto. They divided the land between the two of them in an extrajudicial partition. Then petitioners filed the case below to recover ownership and possession as the only surviving children of original owners, the late Claro Mateo.

The Regional Trial Court (RTC), Bulacan, at Malolos, ruled that prescription and laches are applicable against petitioners, that real actions over an immovable prescribe after 30 years, that ownership can be acquired thru possession in good faith and with just title for a period of 10 years, and that ownership may be acquired thru uninterrupted adverse possession for 30 years without need of just title or of good faith. The Court of Appeals (CA) affirmed that of the trial court, thus, this petition for review on certiorari.

ISSUE: Whether or not the equitable doctrine of laches may override a provision of the Land Registration Act on imprescriptibility of title to registered land. Otherwise put, the issue raised is whether prescription and the equitable principle of laches are applicable in derogation of the title of the registered owner.

HELD: A party who had filed immediately a case as soon as he discovered that the land in question was covered by a transfer certificate in the name of another person is not guilty of laches. (St. Peter Memorial Park, Inc. v. Cleofas, 92 SCRA 389 [1979]). An action to recover possession of a registered land never prescribe in view of the provision of Sec. 44 of Act 496 (now

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Sec. 47 of PD 1529) 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. (J.M. Tuason & Co. v. Aquirre, 7 SCRA 109 [1963]).

In fact, there is a host of jurisprudence that hold that prescription and laches could not apply to registered land covered by the Torrens system. (Bishop v. CA, 208 SCRA 636 [1992] and St.

Peter Memorial Park, Inc. v. Cleofas, supra) . With more reason are these principles applicable to laches, which is an equitable principle. Laches may not prevail against a specific provision of law, since equity , which has been defined as “justice outside le- gality” is applied in the obscene of and not against statutory law or rules of procedure. (Causapin v. CA, 233 SCRA 615 [1994]).

Upon the other hand, the heirs of the registered owner are not estopped from claiming their father’s property, since they merely stepped into the shoes of the previous owners. Prescrip- tion is unavailing not only against the registered owner, but also against his hereditary successors because the latter merely step into the shoes of the decedent by operation of law and are merely the continuation of the personality of their predecessor- in-interest. (Teofila de Guinoo v. CA [97 Phil. 235] and Gil Atun v. Eusebio Nuñez [97 Phil. 762]).

The CA erred in ordering the Register of Deeds to cancel OCT 206 of Claro Mateo and issue new titles to those who are occupying the subject land. This violates the indefeasibility of a Torrens title. The title of Claro Mateo could be cancelled only if there is competent proof that he had transferred his rights over the parcel of land to another party, otherwise title would pass to his heirs only by testate or intestate succession.

The fallo: The Supreme Court thereupon reverses the CA’s decision. In lieu thereof, the Court remands the case to the trial court for determination of the heirs of Claro Mateo in a proper proceeding.

Far East Bank & Trust Co. v. Estrella O. Querimit GR 148582, Jan. 16, 2002

FACTS: Respondent deposited her savings with petitioner- bank. She did not withdraw her deposit even after maturity date

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of the certificates of deposit (CDs) precisely because she wanted to set it aside for her retirement, relying on the bank’s assur- ance, as reflected on the face of the instruments themselves, that interest would “accrue” or accumulate annually even after their maturity.

Petitioner-bank failed to prove that it had already paid respondent, bearer and lawful holder of subject CDs, i.e., petitioner failed to prove that the CDs had been paid out of its funds, since evidence by respondent stands unrebutted that subject CDs until now remain unindorsed, undelivered, and unwithdrawn by her.

ISSUE: Would it be unjust to allow the doctrine of laches to defeat the right of respondent to recover her savings which she deposited with the petitioner?

HELD: Yes, it would be unjust not to allow respondent to recover her savings which she deposited with petitioner-bank. For one, Petitioner failed to exercise that degree of diligence required by the nature of its business. (Art. 1173). Because the business of banks is impressed with public interest, the degree of diligence required of banks is more than that of a good father of the family or of an ordinary business firm.

The fiduciary nature of their relationship with their depositors requires banks to treat accounts of their clients with the highest degree of care. (Canlas v. CA, 326 SCRA 415 [2000]). A bank is under obligation to treat accounts of its depositors with meticulous care whether such accounts consist only of a few hundred pesos or of millions of pesos. Responsibility arising from negligence in the performance of every kind of obligation is demandable. (Prudential Bank v. CA, 328 SCRA 264 [2000]). Petitioner failed to prove payment of the subject CDs issued to respondent and, therefore, remains liable for the value of the dollar deposits indicated thereon with accrued interest.

A certificate of deposit is defined as a written acknowledgment by a bank or banker of the receipt of a sum of money on deposit which the bank or banker promises to pay to the depositor, to the order of the depositor, or to some other person or his order, whereby the relation of debtor and creditor between the bank and the depositor is created. Principles governing other

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types of bank deposits are applicable to CDs (10 AM Juri 2d Sec. 455) , as are the rules governing promissory notes when they contain an unconditional promise to pay a sum certain of money absolutely. (Ibid., Sec. 457).

The principle that payment, in order to discharge a debt, must be made to someone authorized to receive it is applicable to the payment of CDs. Thus, a bank will be protected in making payment to the holder a certificate indorsed by the payee, unless it has notice of the invalidity of the indorsement or the holder’s want of title. (10 Am Jur 2d Sec. 461). A bank acts at its peril when it pays deposits evidenced by a CD, without its production and surrender after proper indorsement. (Clark v. Young, 21 So. 2d 331 [1994]).

The equitable principle of laches is not sufficient to defeat the rights of respondent over the subject CDs. Laches is the failure or neglect, for

an unreasonable length of time, to do that which, by exercising due diligence, could or should have been done earlier. It is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. (Felizardo v. Fernandez, GR 137509, Aug. 15, 2001).

There is no absolute rule as to what constitutes laches or staleness of demand; each case is to be determined according to its particular circumstances. The question of laches is addressed to the sound discretion of the court and, being an equitable doctrine, its application is controlled by equitable considerations. It cannot be used to defeat justice or perpetrate fraud and injustice. Courts will not be guided or bound strictly by the Statute of Limitations or the doctrine of laches when to do so manifest wrong or injustice would result. (Rosales v. CA, GR 137566, Feb. 28, 2001).

Respondent is entitled to moral damages because of the mental anguish and humiliation she suffered as a result of the wrongly refusal of petitioner to pay her even after she had delivered the CDs. (Arts. 2217 and 2219). In addition, petitioner should pay respondent exemplary damages which the trial court imposed by way of example or correction for the public good (Art. 2229). Finally, respondent is entitled to attorney’s fees since petitioner’s act or omission compelled her to incur expenses to

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Art. 1106 CIVIL CODE OF THE PHILIPPINES protect her interest making such award just and equitable. (Art.

2208).

Development Bank of the Phils. v. CA & Carlos Cajes GR 129471, Apr. 28, 2000

FACTS: Petitioner filed an ejectment suit against private respondent, claiming ownership of a parcel of land covered by a TCT, which included the 19.4 hectares being occupied by the latter. The trial court declared petitioner to be the owner of the land, but the Court of Appeals (CA) reversed the trial court. On appeal, petitioner claimed that its predecessor-in-interest had become the owner of the land by virtue of the decree of registration in his name. The Supreme Court affirmed the CA.

HELD: Taking into consideration the possession of his predecessor-in-interest, private respondent had been in uninterrupted adverse possession of the land for more than 30 years prior to the decree of registration issued in favor of petitioner’s predecessor-in-interest. Such possession ripened into ownership of the land thru acquisitive prescription , a mode of acquiring ownership and other real rights over immovable

property. A decree of registration cut off or extinguished a right acquired by a person only when such right refers to a lien or encumbrance on the land which was not annotated on the certificate of title issued thereon, but not to the right of ownership thereof. Regis- tration of land does not create a title nor vest one. Accordingly, the 19.4 hectares of land being occupied by private respondent must be reconveyed in his favor.

(11) Presumptive Period re Ill-Gotten Wealth or ‘Behest’ Loans

Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Aniano A. Desierto (Recovery of Ill-Gotten Wealth)GR 130340, Oct. 25, 1999114 SCAD 707

Behest loans, which are part of the ill-gotten wealth which former President Ferdinand E. Marcos and his cronies accumulated and which the Government thru the Presidential

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Commission on Good Government (PCGG) seeks to recover, have a prescriptive period to be counted from the discovery of the crimes charged, and not from the date of their commission. If the commission of the crime is known, the prescriptive period shall commence to run on the day it was committed.

The prosecution of offenses arising from, relating or inci- dent to, or involving ill-gotten wealth contemplated in Sec. 15, Art. XI of the Philippine Constitution of 1987 may be barred by prescription. Said provision applies only in civil actions for recovery of ill-gotten wealth, and not to criminal cases.

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.

COMMENT:(1) Who May Acquire Property or Rights by Prescription

. (a) those who can make use of the other modes of acquiring ownership.

. (b) even minors and other incapacitated persons (like the insane).

(2) Reason for Par. 1 (Those Capable of

Acquiring Property or Rights Thru the Other Modes)

Since prescription is also a mode of acquiring ownership, it follows that if a person is capable of becoming an owner by the other legal modes, he should also be capable of acquiring the same property by prescription. Thus, if a person can become an owner by donation, he can also become an owner by prescription.

(3) Query (Re Donation by Paramour)

A husband cannot validly receive a donation from a paramour. Now then, can he acquire by prescription the property donated to him by the paramour?

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ANS.: Yes, but only by extraordinary prescription (not ordinary prescription) since he would be lacking the element of “just title.” There would be no “just title” because under the law, they are incapacitated to donate to each other. (See Art. 739, Civil Code). Note that even if a donation is VOID, it may constitute the legal basis for adverse possession. (See Tagalgal v. Luega, CA-GR 19651-R, Feb. 19, 1959).

(4) Reason Why Minors May Acquire Personally

This is because only juridical capacity is required for possession, not capacity to act. Thus, even discernment of intent to possess is not required for such personal acquisition. This is so because the law makes no distinction.

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.

COMMENT:(1) Persons Against Whom

Prescription May Run

. (a) The Article enumerates four such groups.

. (b) Reason for Pars. 1, 2, and 3: These people are supposed to be protected by those in charge. If they are not properly protected thru the lat-

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ter’s negligence, a claim for damages against the latter can prosper.

(2) Query (Re Minors Without Parents, etc.)

Suppose the minors or the insane persons have no parents or legal representatives, does prescription run against them?

ANS.: While the Article seemingly implies that in such a case, prescription should not run against them, it is believed that Secs. 42, 45, and 46 of Act No. 190 (the Code of Civil Procedure) can apply to them, since implied repeals are not looked upon with favor. Thus, prescription can still run against minors, the insane, and those in jail, except that these people may still bring the action within a number of years after their disability has been removed:

. (a) 3 years — in case of recovery of land

. (b) 2 years — in other civil actions

These saving clauses are in line with some saving clauses provided for minors and the incapacitated under the New Civil Code. (See, for example, Art. 285 with respect to the right of a natural child to compel recognition after the parent’s death, if the parent dies while the child was still a minor).

If the minor has a guardian, there is NO DOUBT that prescription runs against him even during minority. (See Wenzel, et al. v. Surigao Consolidated Mining Co., L-10843, May 31, 1960).

(3) State and Its Subdivisions

No prescription can run against them, except with refer- ence to patrimonial property. (See Art. 1113, Civil Code).

Art. 1109. Prescription does not run between husband and wife, even though there be a separation of 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.

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COMMENT:(1) No Prescription Between Husband and Wife

. (a) Reason for the law — The close relationship between them, engendered by affection or influence, may prevent one from suing the other. Hence, the general rule is — NO PRESCRIPTION. (NOTE: The Article was applied in Toriba Fontanilla Pacio, et al. v. Manuela Pacio Billon, et al., L-15088, Jan. 31, 1961).

. (b) Note that there is no prescription even if there has been a “separation of property,” for the same reluctance to sue each other may still exist.

. (c) Query —Suppose the “separation of property” is the consequence of legal separation, does prescription run? ANS.: It is believed that prescription will also not run, for the law does not distinguish. After all, here, the “separation of property” would be “by judicial decree.”

. (d) Exceptions — when prescription is specifically provided for by law, such as:

. 1) the prescriptive period for legal separation suits (Art. 120, Civil Code);

. 2) alienations made by the husband, without the wife’s consent. (Art. 173, Civil Code).

(2) Between Parents and Children

. (a) No prescription shall run between them during the MI- NORITY or INSANITY of the latter. A sensu contrario prescription runs if the legal disability does not exist anymore.

. (b) As a general rule, even if the child is neither insane nor incapacitated, an adverse possession cannot be predicated on the possession of the parent as against the child, or in the possession of the child as against its parent. Thus, where a father became insane, and one of his sons managed the

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CIVIL CODE OF THE PHILIPPINES Arts. 1110-1111

farm during the rest of his father’s lifetime and remained in possession of it for the statutory period, it was held that these facts alone did not warrant the presumption of a conveyance to the son by the father or of a release to him by the other heirs subsequent to their father’s death. (1 Am. Jur. 807 and Director of Lands v. Abiertas, 44 O.G. 923).

(3) Between Guardian and Ward

No prescription runs between them during the continuance of the guardianship. This is so even if the guardian expressly repudiates the guardianship (without court approval); otherwise, the trust relationship would be rendered nugatory.

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

COMMENT:Prescription in the Case of a Married Woman This Article refers to a married woman and a stranger.

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

COMMENT:(1) Prescription Obtained by Co-Proprietor or Co-Owner

Reason:

In a sense, 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. (See Art. 487, Civil Code).

[NOTE, however, that as between or among co- owners, there can be prescription when there is a definite repudiation of the co-ownership, made known to the other co-owners. (Laguna v. Levantino, 71 Phil. 566).]

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(2) Limitation

The prescription obtained by a co-owner must have refer- ence to the property held in common, naturally; otherwise the Article does not apply.

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.

COMMENT:

(1) Requisites for Renunciation of Property Acquired by Prescription

. (a) Renouncer must have capacity to alienate property (because renunciation is an exercise to the jus disponendi ).

. (b) The property acquired must have already been obtained (hence, the right to prescription in the future cannot be renounced, since manifestly, this would be contrary to public policy).

. (c) The renouncing must be made by the owner of the right (not by a mere administrator or guardian, for he does not own the property).

. (d) The renouncing must not prejudice the rights of others, such as creditors. (Arts. 6, 1114, Civil Code).

(2) Form

. (a) may be express or implied (tacit)

. (b) requires no consent on the part of the person to be ben- efited

. (c) requires no solemnities or formalities

(3) Implied or Tacit Renunciation

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

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Example:

Sonia formerly owed Esperanza but the debt has already prescribed.

. (a) IfSonia, knowing thatthedebthasprescrib ed,nevertheless still acknowledges the existence of the debt and promises to pay for it, there is an implied renunciation of the prescription. She still has a civil obligation.

. (b) If Sonia, knowing that the debt has prescribed, nevertheless voluntarily pays the debt, she cannot recover what she had paid. This would be a natural

obligation.

. (c) If Sonia, not knowing that the debt has prescribed pays it, there is no renunciation of the prescription; and she can still recover on the basis of solutio indebiti . ILLUSTRATIVE CASE: If a taxpayer, complaining re-

peatedly against a tax assessment, makes several requests for a reinvestigation thereof, he may be said to have WAIVED the defense of prescription. (Yutivo & Sons Hardware Co. v. Ct. of Tax Appeals & Collector of Int. Rev., L-13203, Jan. 28, 1961).

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 subdivisions not patrimonial in character shall not be the object of prescription.

COMMENT:(1) Things That May Be Acquired by Prescription

Generally — all things within the commerce of man.

(2) Patrimonial Property

. (a) By implication under this Article, patrimonial property of the State or any of its subdivisions may be acquired by prescription.

. (b) While it may be claimed that a direct and clear provision (Art. 1108, Civil Code — which says that prescription does not run against the State or any of its subdivisions) prevails

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Art. 1113

CIVIL CODE OF THE PHILIPPINES

over an implication (Art. 1113, Civil Code) , still when we consider the intent of Congress in inserting the phrase “not patrimonial in character” in the original draft submitted by the Code Commission, it is clear that patrimonial property may indeed be the subject of prescription. This is so because patrimonial properties are really in the same category as private properties.

(3) No Prescription With Respect to Public Property

Public property, however, cannot be the subject of prescription. This rule applies even to privately owned unregistered lands which, unless the contrary is shown, are presumed to

be public lands, under the principle that “all lands belong to the Crown unless they had been granted by the King (State) or in his name, or by the Kings who preceded him.” (Valenton v. Murciano, 3 Phil. 53).

However, the rule just stated cannot be altogether inflex- ible, as witnessed, for example, by the presence of Rep. Act 1942 (approved June 22, 1957), amending Sec. 48(b) of the Public Land Act (Com. Act 141). Thus, as amended by RA 1952, Sec. 48 of CA 141 now reads as follows:

“Section 48. The following described citizens of the Philip- pines occupying lands of the public domain or claiming to own any such land or an interest therein, but whose titles have not been perfected or completed, may apply to the Court of First In- stance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the Land Registration Act, to wit:

xx x

“b) Those who by themselves or through their predecessors in interest have been in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition of ownership, for at least thirty years immediately preceding the filing of the application for confirmation of the title except when prevented by war or force majeure . These shall be conclusively presumed to have performed all the conditions essential to a Government grant, and shall be entitled to a certificate of title

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under the provisions of this chapter (the chapter deals with judicial confirmation of imperfect or incomplete titles).”

( NOTE: However, under RA 107 , the deadline of the application was only up to Dec. 31, 1957.)

(4) Some Doctrines

. (a) AfishpondconstructedintheBambangRivercanbe ordered removed by the government, regardless of the number of years that have elapsed since the construction of said fishpond, inasmuch as a river, or a portion thereof, is property of public dominion, and cannot therefore be acquired by acquisitive prescription. (Meneses v. Com- monwealth, 69 Phil. 647).

. (b) Similarly, a tract of land, formerly low and swampy, but gradually raised by the

action of the sea, is not susceptible of prescription, and may therefore be recovered by the government despite the construction thereon of warehouses and a wharf. The land is part of the public domain. (Insular Government v. Aldecoa and Co., 19 Phil. 505).

. (c) A plaza intended for public use is likewise not subject to prescription. (Harty v. Mun. of Victoria, 13 Phil. 152).

(5) Things or Properties That Cannot Be Acquired by Pre- scription

. (a) those protected by a Torrens Title. (Sec. 46, Act No. 496) (Francisco v. Cruz, 43 O.G. 5103).

. (b) movables acquired thru a crime. (Art. 1133, Civil Code).

. (c) those outside the commerce of men. (Art. 1113, Civil Code).

. (d) properties of spouses, parents and children, wards and guardians, under the restrictions imposed by law. (Art. 1109, Civil Code).

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.

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COMMENT:(1) Right of Creditors to Make Use of Prescription

Reason for the law:

While rights may be waived, third persons with a right recognized by law should not be prejudiced. (Art. 6, Civil Code).

(2) Example

Tom who is indebted to Nicole acquired a parcel of land by prescription. If Tom renounces the prescription, may Nicole make use of said land?

ANS.: Yes, to the extent of her credit, if Tom is not able to pay his debt. Tom is not allowed to prejudice Nicole.

Sambrano v. Court of Tax Appeals, et al. 101 Phil. 1

FACTS: Although the right of the State to collect the taxes had already been extinguished by

prescription, taxpayer Sam- brano nevertheless executed a chattel mortgage on his properties to guarantee the payment of the same. As a matter of fact, he actually paid part of the debt. Issue: Can Sambrano later on raise the issue of prescription?

HELD: No more, for his actuations amount to a renewal (renovacion) of the obligation or to a waiver of the benefit granted by the law to him. He is, therefore, now estopped from raising the issue of prescription. Moreover, the Court said that a prescribed debt may be the subject of novation. (Estrada v. Villaroel, 40 O.G. Supp. No. 5, 9, p. 201).

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.

COMMENT:(1) Specific Provisions on Prescription

Specific provisions on prescription found elsewhere in the Code, or in special laws, prevail over the provisions of this

20


Chapter. This is particularly true in the instances when specific periods of prescription are provided for.

(2) Examples

. (a) A legitimate child may bring an action to claim legitimacy as long as he is alive (generally). (Art. 173, Family Code).

. (b) An illegitimate child may bring an action to establish illegitimate filiation during his lifetime (generally). (Art. 175, Family Code).

. (c) The real right of possession of real property is lost at the end of 10 years.

. (d) The proceeding for the probate of a will never prescribes. (Guevara v. Guevara, et al., L-5405, Jan. 31, 1956).

. (e) The proceeding for the deportation of an alien must be brought within five years from the date the cause for deportation arose. (Sec. 37, Immigration Act). [Thus, where an alien entered the Philippines illegally in 1998, but he violated the Immigration Law in 2004 by bringing in his wife who was not lawfully entitled to enter or reside in the Philippines, the deportation proceeding

commenced in 2005 had not prescribed. This is because the cause accrued in 1999. (See Porta Perez v. Board, L-9236, May 29, 1957) .]

. (f) An action to annul a sale of shares of stock in a corporation is violation of the Securities Act because there was no permit for the same, and for the recovery of the purchase price must be instituted within a period of two years from the date of the sale. Hence, if the sale is made on Oct. 23, 2003, but the action is brought on Nov. 2, 2005, the action is 10 days late, and can no longer be entertained. (See Benedicto v. Phil. American Finance and Development Co., L-8695, May 31, 1957).

. (g) In order to confer jurisdiction on the Court of Tax Appeals, the suit for refund of taxes erroneously or illegally assessed must be brought within the statutory period of two years , and the requirements provided in the National Internal

21

Art. 1116


(h)

Revenue Code must be complied with. (Collector of Internal Revenue v. Court of Tax Appeals, et al., L-11494, Jan. 28, 1961).

An action for accounting or reliquidation of agricultural crops under par. 3, Sec. 17 of Rep. Act 1199 should be brought within 3 years from the threshing of the crops in question. (Agaton Mateo v. Gregorio Duran, et al., L-14314, Feb. 22, 1961).

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.

COMMENT:(1) Transitional Rules for Prescription

. (a) If the period for prescription BEGAN and ENDED under the OLD laws, said OLD laws govern.

. (b) If the period for prescription BEGAN under the NEW Civil Code, the NEW Civil Code

governs.

. (c) If the period began under the OLD law, and continues under the NEW Civil Code, the OLD law applies. Exception: In this third rule, it is the NEW Civil Code that will apply, provided two conditions are present:

1) The NEW Civil Code requires a shorter period;

2) This shorter period has already elapsed since Aug. 30, 1950, the date when the NEW Civil Code became effective. (Thus, the period prescribed under the NEW Code should be counted from Aug. 30, 1950. However, if by this method a longer period would be needed, a

22


period that is even longer than that provided under the OLD law, said OLD law applies).

(2) Example of the First Rule Given

Paz Ongsiaco and the Heirs of theLate Augusto Ongsiaco v. Roman D. Dallo, et al. L-27451, Feb. 28, 1969

FACTS: A complaint was filed in 1966 against the family of Paz Ongsiaco for recovery of the ownership of a parcel of land in Cuyapo, Nueva Ecija. It was admitted by claimants that since 1924 (42 years before the basic complaint was filed in 1966), said family had been in possession of the land and that said possession was really adverse or in the concept of owner. However, it was alleged that the possession was in BAD FAITH. Issue: May recovery of the property be allowed?

HELD: Recovery cannot be allowed for the cause of action has already prescribed. Under Art. 1116, in a case like this, the law in force before the New Civil Code should apply. It is clear that under such old law, the Code of Civil Procedure, good or bad faith was immaterial for purposes of acquisitive prescription. (Sec. 41). Moreover, even the thirty-year period fixed in the New Civil Code for the acquisition in bad faith by prescription of real property had already expired when this case was filed in 1966.

(3) Example of the Third Rule Given BAR

A, with knowledge that B is not the owner of a parcel of land, buys it for a nominal sum from B in 1944, and since then has been in open, actual, continuous, and public possession

thereof, under claim of title exclusive of any other rights and adverse to all other claimants. C , the real owner of the land, who has left in 1944 by reason of the war, was able to return to the land only in 1958 and learning of A’s possession, files suit. A claims prescription of ten years, because he took possession of the land before the new Civil Code; but C counters that as

23


A entered the land in bad faith, and he had not yet acquired ownership by the time the New Civil Code took effect, the period is thirty years under the New Code. Decide with reasons.

ANS.: Inasmuch as here the prescription was already running before Aug. 30, 1950, it follows that only 10 years would be required because under the Code of Civil Procedure, regardless of good faith or bad faith , the period for acquiring land by prescription was only 10 years. (Sec. 41, Act 190, Code of Civil Procedure and Osorio v. Tan Jongko, 51 O.G. 6221). It, therefore, follows necessarily that in 1954, A had already acquired the property by acquisitive prescription. Hence, C should lose the case, unless of course the land is covered by a Torrens Certificate of Title. (Osorio v. Tan Jongko, supra).

The period of 10 years must necessarily start from 1944, and not from Aug. 30, 1950, since here, the prescriptive period under the OLD law was SHORTER. Had the period under the old law been LONGER, it is the shorter period under the new Civil Code that should apply, but this time, the period should commence from the date of effectivity of the new Civil Code — Aug. 30, 1950 — in view of the clause “but if since the time this Code took effect . . .”

(4) Example of the Exception

Under the old law the period was 10 years (as in the case of reduction of a donation of land on the ground of birth of a child), but under the New Civil Code, the period is only 4 years, counted from the birth of the first child. (Art. 763). It is clear here that the New Civil Code (4 years) will apply, even if the donation and the birth occurred under the old law, but the period should be counted from Aug. 30, 1950, unless in so doing, a period of more than 10 years would result.

(5) Some Doctrines

(a) In Estayov.DeGuzman,L- 10902,Dec.29,1958, the Supreme Court held that when the action to enforce the mortgage presented as an appeal bond in a court action became effective by the entry of the judgment of the Supreme Court on Aug. 6, 1940, the encumbrance may be cancelled after Aug. 6, 1950.

24


. (b) In Ongsiako,etal.v.Ongsiako,etal.,L- 7510,Mar.30,1957, the Supreme Court held that Art. 1116 (Civil Code) prevails over the general transitory rule in Art. 2258 (Civil Code) which provides that actions and rights which came into being but which were not exercised before the effectivity of the Code, shall remain in full force in conformity with the old legislation, but the exercise, duration, and procedure to enforce them shall be regulated by the Rules of Court.

. (c) In Borromeo v. Zaballero, L-14357, Aug. 31, 1960, a promissory note was executed in 1935, payable in 1937. The claim for payment was presented in the settlement of the estate of the deceased debtor in Sept. 1955. The Court ruled that the ten-year period of prescription under Act 190 had already lapsed.

. (d) In Nagrampa, et al. v. Nagrampa, L- 15434, Oct. 31, 1960, the Court observed that under the old law, no special period of prescription was fixed for the revocation of donations for non-compliance with the conditions stipulated. However, under the New Civil Code (Art. 764) , the period fixed for such a case is 4 years. The suit was filed in July, 1958, alleging that the plaintiffs had demanded compliance “five years ago, but the defendant refused.” The Court held that the entire period of four years fixed by the New Civil Code has elapsed since it took effect in 1950. Suit was filed only in July, 1958 for a violation made in 1953.

. (e) In Amar v. Odianan, L-15179, Sept. 30, 1960 , a complaint for the recovery of land was filed in November, 1948, alleging that in April, 1948, the land had been seized by the defendant by means of fraud, deceit, and strategy. It was held that the old law, Sec. 40 of Act 190 (which provided that an action for the recovery of real property can only be brought within 10 years) was applicable, and that therefore, the action has already prescribed.

. (f) In PNB v. Galicano Ador Dionisio, L-18342, Sept. 19, 1963, it was held that a judgment that had become final in 1949 could not be revived anymore in 1960 (lapse of more than 10 years), despite written extrajudicial demand in 1954 for the satisfaction of the judgment. This is because this

25

Art. 1116


case is governed not by Art. 1155 of the Civil Code, but by Sec. 50 of the Code of Civil Procedure (which section does not state that such written extrajudicial demands interrupt the prescriptive period). The old law applies because Art. 1116 says “prescription already running before the effectivity of this Code shall be governed by laws previously in force . . .”

26


Chapter 2

PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS

Art. 1117. 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.

COMMENT:

(1) Requisites Common to Ordinary and Extraordinary Pre- scription

. (a) capacity of acquirer to acquire by prescription

. (b) capacity of loser to lose by prescription

. (c) object must be susceptible of prescription

. (d) lapse of required period of time

. (e) the possession must be:

1) in concepto de dueño (concept of owner)

2) public (not clandestine or non- apparent)

3) peaceful (not thru force, violence, or intimidation)

4) continuous or uninterrupted [NOTE: Under the old law — the Code of Civil Procedure whether the possession was in good faith or in bad faith did not matter. The period for im-

movables was always 10 years. Also, the possession need not be peaceful. (See Arboso v. Andrade, 87 Phil. 782). However, the possession, even under the old law

27


had to be uninterrupted, actual, exclusive, and not merely tolerated. (See Pascual v. Mina, 20 Phil. 202 and Villanueva v. Protacio, CA-GR 7591-R, Mar. 22, 1955).]

(2) Additional Requisites

(a) for ORDINARY prescription 1) goodfaith

2) just title (there was a mode of acquiring ownership but the grantor was not the owner; hence, the just title here is “titulo colorado” or “colorable title”).

(b) for EXTRAORDINARY prescription (no other requisites except those mentioned in Comment No. 1 under this Ar- ticle are required).

Art. 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted.

COMMENT:

(1) Characteristics of the Possession Needed for Prescrip- tion

See this Article. See also the comments in the preceding Article.

(2) Possessor in the Concept of Holder

A possessor in the concept of holder cannot acquire property by prescription because his possession is not adverse. Thus, the possession of land in the capacity of administrator (mere holder) cannot ripen into ownership. (Ranjo v. Payoma, L-1866, May 30, 1951). Neither is the possession by a mortgagee adverse. (Garcia v. Arjona, L-7279, Oct. 29, 1955).

(3) Owner-Administrator

The mere fact that the person who claims ownership of the property also administers the same does not militate against its acquisition of the property by prescription. The fact that he

28


stated that he administered the properties in

question does not necessarily imply that he is not the owner thereof for certainly an owner of a property can be its own administrator. (Guarin, et al. v. De Vera, L-9577, Feb. 28, 1957).

Art. 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession.

COMMENT:Possession by License or Tolerance of Owner

In possession by license or tolerance , there is implied recognition of ownership residing in ANOTHER. (See Macaltao v. Castro, CA-GR 22408-R, Aug. 12, 1963).

Art. 1120. Possession is interrupted for the purposes of prescription, naturally or civilly.

COMMENT:

(1) How Possession Is Interrupted for Purposes of Prescrip- tion

(a) naturally. (Arts. 1121, 1122, Civil Code). (b) civilly. (Arts. 1123, 1124, Civil Code).

(2) Natural Interruption

If prescription is interrupted, the old possession will generally not be counted; the period must begin all over again.

(3) Suspension of Prescription

If prescription is merely suspended (as distinguished from interruption ), the old possession will be ADDED. This may hap- pen when during war, the civil courts are NOT open (Arts. 1136, Civil Code); or when there is a moratorium on the payment of debts. (Talens, et al. v. Chuakay and Co., GR L-10127, Jun. 30,

29

Arts. 1121-1123 CIVIL CODE OF THE PHILIPPINES 1958 and Rio and Co. v. Datu Jolkipli, GR L- 12301, Apr. 13,

1959).

Art. 1121. 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 possession should be exercised by the same adverse claimant.

COMMENT:(1) ‘Natural Interruption’ Defined

The definition is implied in the first paragraph. Note the phrase “any cause.”

(2) Reason for the Period Involved

Possession de facto is lost if the property be in the possession of another for more than one year. Hence, if the possession of another has been for one year or less, it is as if there was no interruption. (Art. 1122, Civil Code).

(3) Reason for the Non-Revival of the Possession

Possession here must be continuous and not interrupted.

Art. 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the prescription.

COMMENT:

The Article explains itself.

Art. 1123. Civil interruption is produced by judicial summons to the possessor.

COMMENT:‘Civil Interruption’ Defined

The definition is implicit in the Article. 30


Art. 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:

. (1) If it should be void for lack of legal solemnities;

. (2) If the plaintiff should desist from the complaint or

should allow the proceedings to lapse;

(3) If the possessor should be absolved from the complaint.

In all these cases , the period of the interruption shall be counted for the prescription.

COMMENT:

(1) When Judicial Summons Cannot Be Considered Civil Interruption

Three instances are given in the Article.

NOTE: If the possessors are sued, but emerge victorious, it is as if there was no interruption

during the period of the suit. (Lacuesta v. Guerrero, 8 Phil. 719).

(2) Apparent Interruption

In the three cases given above, it is as if there was NO interruption. “Interruption” in the last sentence should therefore read as “apparent interruption” since under the law there was never an interruption. (See first sentence).

(3) Applicability to Acquisitive, Not Extinctive Prescrip- tion

In Amar v. Odianan (L-15179, Sept. 30, 1960), the Court held that Arts. 1943, 1945, and 1946 of the old Civil Code (and from which Arts. 1120, 1123, and 1124 of the New Civil Code were taken), refer to interruption of possession in relation to acquisitive prescription, and not to cases of extinctive prescription.

Art. 1125. Any express or tacit recognition which the possessor may make of the owner’s right also interrupts possession.

31


COMMENT:(1) Recognition by Possessor of Owner’s Right

Reason for the Article — Here the possession is no longer in concepto de dueño or adverse.

(2) Example

The act of a government official, duly authorized to so act, in recognizing ownership of land in a private person, interrupts possession by the municipality concerned. (Seminary of San Carlos v. Mun. of Cebu, 19 Phil. 32).

Art. 1126. Against a title recorded in the Registry of Prop- erty, ordinary prescription of ownership or real rights shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time shall begin to run from the recording of the latter.

As to lands registered under the Land Registration Act, the provisions of that special law shall govern.

COMMENT:(1) Prescription of Titles Recorded in Registry of Property

. (a) It is clear that Art. 1126 does NOT refer to land registered under the Land Registration Law (with a Torrens Title).

. (b) It, however, refers to all other lands.

. (c) Example: Arcadio is the owner of land not protected by a Tor- rens Title. His right is, however, duly registered in the Registry (for the deed of sale in his favor has been duly registered).

1) If Artemio, a stranger, takes possession of the land in good faith (from a seller-forger), is there a chance for him to become, after 10 years, the owner of the land, as against Arcadio?

32


ANS.: Yes, after all, Arcadio is not protected by a Torrens Title. He certainly is not the third person referred to in the Article. (See Sison v. Ramos, 13 Phil. 54). Thus, as between Arcadio and Artemio, Artemio becomes the owner at the end of 10 years.

2) Suppose 12 years after Artemio takes possession, Arcadio sells the land to Benedicto, an innocent purchaser for value (who, in investigating Arcadio’s title found that the property was indeed registered in Arcadio’s name), will Benedicto become the owner?

ANS.: Yes, for insofar as the innocent world was concerned, Arcadio was still the owner at the time he sold it to Benedicto. He could therefore validly transfer ownership to Benedicto Artemio’s prescriptive right should clearly not prejudice Benedicto.

( NOTE: If Artemio had caused his title to be registered, he could have become the owner insofar as the entire world was concerned, not from the time he registered the forged deed of sale in his favor but from the time of the lapse of 10 years after such recording. What begins to run from such recording is not the ownership, but the period or time for prescription.)

(2) Lands Registered Under the Land Registration Law

Lands registered under the Torrens system cannot be acquired by prescription (Alfonso v. Jayme, L-12754, Jan. 30, 1960) but this rule can be invoked only by one under whose name (or under whose predecessor’s name) it was registered. (Jocson, et al. v. Silos, L-12998, July 25, 1960).

Alfonso v. Jayme L-12754, Jan. 30, 1960

FACTS: Plaintiff’s land, protected by a Torrens Title, was taken by Pasay City for conversion into a road in 1925, without compensation. In 1954, plaintiff sued for recovery of the land or its value.

HELD: Since the land was under his name under the Tor- rens system, plaintiff remained owner,

and could recover posses-

33

Arts. 1127-1128 CIVIL CODE OF THE PHILIPPINES

sion at any time. However, because it is now a ROAD, it is not convenient to restore it to plaintiff. Pasay City was ordered to pay compensation based on the value of the land in 1925, with legal interest as damages.

Jocson, et al. v. Silos L-12998, Jul. 25, 1960

FACTS: A widower sold conjugal property, registered under his name under the Torrens system, to an innocent purchaser for value, who was subsequently given or issued a new transfer certificate of title, under his (the buyer’s) name. Twenty-two years later, the heirs of the deceased spouse (the wife) sued for annulment of the sale with respect to one-half of the land.

HELD: The suit for annulment and recovery has already prescribed. The claim of imprescriptibility would have been correct if the land had been registered in the name of the husband and wife , not in the name of the husband alone.

Art. 1127. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership.

COMMENT:‘Good Faith of Possessor’ Defined

Note that the definition here of good faith applies in con- nection with prescription .

Art. 1128. The conditions of good faith required for possession in Articles 526, 527, 528, and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights.

COMMENT:(1) Other Requisites for Good Faith

The requisites in the Articles mentioned must ALL be present — otherwise there is no good faith.

34


. (a) Art. 526. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. He is deemed a possessor in bad faith who

possesses in any case contrary to the foregoing. Mistake upon a doubtful or difficult question of law may be the basis of good faith.

. (b) Art. 527. Good faith is always presumed, and upon him who alleges bad faith on the part of a possessor rests the burden of proof.

. (c) Art. 528. Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully.

. (d) Art. 529. It is presumed that possession continues to be enjoyed in the same character in which it was acquired, until the contrary is proved.

(2) For How Long the Good Faith Must Last

The good faith must last throughout the required period.

(TS, Jan. 25, 1945).

(3) Good Faith Changing to Bad Faith

It is, however, possible that the good faith may later change to bad faith. In such a case, how many more years of possession would be required?

ANS.:

. (a) For real property, three years of possession in bad faith would be equivalent to one year of possession in good faith. ( Reason: 30 years would be required for extraordinary prescription, but only 10 years are needed for ordinary prescription).

. (b) For personal property, two years of possession in bad faith would be equivalent to one year in good faith.

35

Arts. 1129-1130 CIVIL CODE OF THE PHILIPPINES

( Reason: Extraordinary prescription needs 8 years; ordinary prescription, 4 years).

Art. 1129. For the purposes of prescription, 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 any right.

COMMENT:‘Just Title’ Defined (a) The definition is implied in the Article. (b) See Comments under the next Article.

Art. 1130. The title for prescription must be true and valid.

COMMENT:Nature of the Title Required

. (a) What is really meant by just title is “titulo colorado,” that is, there was a mode of acquisition but the grantor was not the owner. Had he been the owner, there would be no more necessity for prescription. (See Doliendo v. Biarnesa, 7 Phil. 232; see also Genova v. Cariobaldes, CA-GR 15945-R, Mar. 25, 1957, 53 O.G. 4511).

. (b) “True and valid” as used in Art. 1130 does not mean one without any defect, for in such a case, there would be no necessity for prescription. What it means is that the mode should ordinarily have been valid and true, had the grantor been the owner. (Doliendo v. Biarnesa, 7 Phil. 232; 2 Castan 240). Thus, if aside from the defect of the grantor not being the owner, there is another defect that would render the acquisition void , the title thus acquired would not be sufficient for ordinary prescription. Such for example would be the case if the contract were absolutely simulated; or when

36


a husband, pretending to be the owner of certain property, would donate it to his paramour. Even if the husband had been the owner, the donation would have been null and void just the same. Here, the donee, lacking “just title,” can acquire ownership by extraordinary, not by ordinary prescription.

Art. 1131. For the purposes of prescription, just title must be proved; it is never presumed.

COMMENT:

Necessity of Proving the Just Title

. (a) Proof is needed in view of the aggressive or offensive character of prescription.

. (b) In prescription, therefore, the presumption of just title given under Art. 541 regarding DEFENSE of rights does not apply. (See 2 Castan 241).

Art. 1132. The ownership of movables

prescribes through uninterrupted possession for four years in good faith.

The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition.

With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as well as with respect to movables acquired in a public sale, fair, or market, or from a merchant’s store the provisions of Articles 559 and 1505 of this Code shall be observed.

COMMENT:(1) Period of Prescription for Movables

This Article states the rules for MOVABLES:

. (a) ordinary prescription — 4 years

. (b) extraordinary prescription — 8 years

37


. (2) Rule with Respect to Lost Movables and Those of Which the Owner Has Been Illegally Deprived The possession of movable property acquired in good faith is equivalent to a title. Nevertheless, one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same. If the possessor of a movable lost or of which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reim- bursing the price paid therefor. (Art. 559, Civil Code).

. (3) Rule with Respect to Public Sales, Fairs, Markets, and Merchant’s Store Subject to the provisions of this Title, where goods are sold by a person who is not the owner thereof, and who does not sell them under authority or with the consent of the owner, the buyer acquired no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell. Nothing in this Title, however, shall affect:

(a) The provisions of any factors’ acts, recording laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he

were the true owner thereof;

(b) The validity of any contracts of sale under statutory power of sale or under the order of a court of competent jurisdiction;

(c) Purchases made in a merchant’s store, or in fairs, or markets, in accordance with the Code of Commerce and special laws. (Art. 1505, Civil Code).

. Art. 1133. Movables possessed through a crime can never

be acquired through prescription by the offender.

COMMENT:(1) Movables Possessed Through a Crime

Note the word “offender.” By implication, subsequent acquirers from the “offender” may acquire the property by prescription.

38


(2) Rule for Immovables (Where Crimes Are Involved)

Regarding immovables , possession by force or violence does not give rise to prescription.

Art. 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through possession of ten years.

COMMENT:Prescriptive Periods for Acquiring Real Property

This Article and the following ones state the rule for IM- MOVABLES:

. (a) ordinary prescription — 10 years

. (b) extraordinary prescription — 30 years. (Art. 1137, Civil Code).

Art. 1135. In case the adverse claimant possesses by mistake an area greater, or less, than that expressed in his title, prescription shall be based on the possession.

COMMENT:

When Area Possessed Varies from Area in Title

. (a) The term “possesses” here refers to both actual and constructive possession, since possession in the eyes of the law does not mean that a man has to have his feet on every square meter of land. (Ramos v. Dir. of Lands, 39 Phil. 175).

. (b) Notice that “possession” here prevails over the “title.” Necessarily, if there is NO title, the Article cannot apply.

. (c) The possession here must be “by mistake.’’

Art. 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse claimant.

39


COMMENT:(1) Possession in War Time

. (a) The Article does not apply when the civil courts are open. In Rio y Compania v. Datu Jolkipli, L-12301, April 13, 1959, the Supreme Court held that the statute of limitations is suspended if during wartime, courts are not or cannot be kept open. However, to invoke this rule, a party must first show that the court was closed or could not be opened for business as a consequence of chaos and confusion. The determination of this matter is a question of fact, which should be ventilated in the hearing of a case on the merits.

. (b) During the Japanese occupation, there were places in the Philippines where no civil courts could function.

(2) Fortuitous Event — Effect on Prescription

Note that under Art. 1154 of the Civil Code, “the period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him.”

Art. 1137. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith.

COMMENT:

(1) Extraordinary Prescription With Respect to Immova- bles

This Article refers to extraordinary prescription regarding:

. (a) ownership over immovables

. (b) other real rights over immovables

(2) Period Required

Note the period — 30 years. 40


(3) What Are Not Needed

Under this Article, neither good faith nor just title is essential; hence, property voidly donated may be acquired by extraordinary prescription . This may for instance occur when the donation of real properties had not been validly accepted by the donee. Although here the donation is void, it may be the basis for the acquisition of the donee of said properties by prescription. (Guarin, et al. v. De Vera, L-9577, Feb. 28, 1957 and Pensader v. Pensader, 47 Phil. 959).

(4) Retroactive Effect of the Prescription

Prescription has a retroactive effect, that is, the acquirer, as soon as the necessary period has lapsed, is considered the owner from the BEGINNING of the possession. Thus, any encum- brances made by him during said period should be considered as valid, while those of the original owner are not binding on the acquirer by prescription. The acquirer is also entitled to all the fruits during said period in view of his retroactive ownership. (2 Castan 254-255).

Art. 1138. In the computation of time necessary for prescription, the following rules shall be observed:

(1) The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor in interest;

(2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary;

(3) The first day shall be excluded and the last day included.

COMMENT:

Rules for Computation of Time

Par. 1 — Tacking of Possession

(a) This means ADDING the period of possession of the predecessor. Reason: The true owner of the property was

41

Art. 1138


(b)

(c)

after all NOT in possession, during the possession of said predecessor.

Tacking is allowed only if there be privity of relationship between the predecessor and the successor, as in the case of succession, donation, sale, barter, etc. Thus, a mere intruder or usurper cannot “tack.” (See Razote v. Razote, 14 Phil. 182; Lacson v. Gov’t., 39 Phil. 63).

“Tacking” by a subsequent possessor of his predecessor’s possession can be allowed if the predecessor’s possession can satisfy the requisites for prescription (such as the fact that the possession must be in the concept of owner, peaceful, etc.). (See 2 Corpus Juris 92 and Casilag v. Fajardo, CA-GR 1066-R Jun. 18, 1948, 46 O.G. 570).

Par. 2 — Presumption of Continuing Possession The presumption is expressly declared to be rebuttable.

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Chapter 3 PRESCRIPTION OF ACTION

Art. 1139. Actions prescribe by the mere lapse of time fixed by law.

COMMENT:(1) How Actions Prescribe

By the mere lapse of the time indicated in the law. There is no other requirement.

(2) Scope or Nature of the Chapter

This chapter is our general Statute of Limitations, because particular provisions on prescription naturally prevail. (See Art. 1148, Civil Code).

(3) Prescription as a Defense

In general, we may say that the prescription of action is available as a DEFENSE. To be asserted as such, it must be specifically pleaded and proved. (Hodges v. Salas, 63 Phil. 567). Thus, if not set up or pleaded as a defense, proof cannot later on be presented if objection is made to the introduction of such proof. (National Bank v. Escudero, 92 Phil. 150). Upon the other hand, as

long as the defendant raised the defense of prescription in his answer to the complaint, but the complaint was dismissed on some other ground, he can still set up in his brief in the appellate court in an appeal by the plaintiff from the decision of the trial court. (Lapuz v. Sy Uy, L- 10079, May 17, 1957). If the issue of prescription can be decided from the averments of the pleadings, more particularly from the plaintiff’s complaint, there is NO necessity of receiving evidence on the matter, before the

43

Art. 1139 CIVIL CODE OF THE PHILIPPINES Court may dismiss the complaint on the ground of prescription.

(Bambao, et al. v. Lednicky, et al., L-15495, Jan. 28, 1961).

(4) Effect of Death on Prescription

If a father has a cause of action against a stranger (the period of prescription of which is, let us say, 4 years) and the father dies before the end of such prescriptive period, should prescription continue to run, even if say his children are still MINORS? The Supreme Court in the case of Martir, et al. v. Trinidad, et al., L- 12057, May 20, 1959, answered YES, for after all in this case the cause of action accrued in favor of the father himself, and not directly in favor of the children. Except where a statute provides otherwise, one disability (like the father’s death) CANNOT be tacked to another’s disability (like the children’s minority). Nor can a party avail himself of several disabilities, unless they all existed at the time when the right of action accrued. This is in obedience to the universal rule that when a Statute begins to run, no subsequent disability can stop its operation unless specially so provided in the statute.

(5) Conflict of Laws — Variance of Foreign and Local Law Re Prescription

In the case of D’Almeida v. Hagedorn (L-10804, May 22, 1957) , an action was brought in 1954 in the Philippines on two demand notes executed in 1942 and 1943 in Hong Kong where both debtor and creditor were residing until liberation. The Court, in applying the rule that the moratorium law suspended the running of the prescriptive period and that therefore the action had not prescribed, ruled that prescription is governed by the law of the forum . It would seem from this ruling that even if the cause of action accrued in Hong Kong and has already prescribed under Hong Kong law, it has not yet prescribed under Philippine law. This seems to lose sight of a section of Act 190 (Code of Civil Procedure) which states that “if, by the laws of the State or country where the cause of action arose, the action is barred, it is also barred in the Philippines.” In the instant case, however, there was no proof that the claim was barred

under Hong Kong law, and it is well-settled that in the absence of proof of the foreign law, it is presumed to be the same as Philippine law.

44


( NOTE: The presumption has been referred to as a “proces- sual presumption”).

(6) How Long Is a Month?

Quizon v. Baltazar 76 SCRA 560

The term “month” as used in a law (such as Art. 90 of the Revised Penal Code) is understood to refer to a 30-day month and not to a calendar month.

(7) Query

Does a property deemed part of the public forest prescribe?

ANS.: An action for reversion filed by the State to recover property registered in favor of any party which is part of the public forest or of a forest reservation never prescribes. (Heirs of the Late Spouses Pedro S. Palanca and Soteranea Rafols Vda. De Palanca v. Republic, 500 SCRA 209 [2006]).

Art. 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost, unless the possessor has acquired the ownership by prescription for a less period, according of Article 1132, and without prejudice to the provisions of Articles 559, 1505, and 1133.

COMMENT:Recovery of Movables

This refers to extraordinary prescription for movables. Art. 1141. Real action over immovables prescribe after

thirty years.

This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription.

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COMMENT:

Recovery of Immovables

. (a) This refers to extraordinary prescription for immovables.

. (b) The possession de jure of an immovable is lost, however, at the end of 10 years. (No. 4, Art. 555, Civil Code). De Jesus, et al. v. CA, et al. GR 57092, Jan. 21, 1993 Prescription running even after the effectivity of the New

Civil Code on August 30, 1950, continued to be governed by Sec. 41 of the Old Civil Code.

Under the present Civil Code, the prescriptive period required for the acquisition of immovable property is 10 years if the possession is in good faith, and 30 years if in bad faith. Such open, continuous, exclusive and notorious occupation of the dis- puted property for 30 years must be conclusively established.

Reckoned from the time she executed the affidavit of adjudication in 1961, eleven years after the New Civil Code had taken effect, private respondent’s possession of the contested lot is far too short of the prescriptive period of 30 years, considering that her possession is in bad faith. The filing of the petition for recovery of ownership and possession and quieting of title by petitioners on Apr. 27, 1973 was well below the acquisitive prescriptive period for private respondent, which is 30 years under Art. 1141 of the present Civil Code. In this case, the statutory period of prescription is deemed to have commenced when petitioners were made aware of a claim adverse to them, i.e., when the affidavit of adjudication was duly registered with the Registry of Deeds which, at the earliest may be considered to be in 1974, when private respondent was able to secure a tax declaration in her name.

Art. 1142. A mortgage action prescribes after ten years.

COMMENT:(1) Prescription of Mortgage Actions

10 years.

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. (2) When Period Begins From what moment must the 10-year period be counted? From the day on which it could have been brought. (Art. 1150, Civil Code). Thus, if the parents of an employee should execute a real estate mortgage to secure a performance bond given by a surety company for their son, the period of prescription begins from the moment the surety company pays by reason of said bond because from said date, the mortgagors become liable, and foreclosure can be made. (Nabong v. Luzon Surety Co., Inc., L-10034, May 17, 1957).

. (3) Lands With a Torrens Title While lands with a Torrens Title cannot be acquired by prescription (Sec. 39, Act 496 and Rosario v. Aud. General, L-11817, Apr. 30, 1958), still the right to foreclose a mortgage on such lands does prescribe for what does not prescribe is the ownership of said lands.

. (4) Effect if Mortgage Is Registered Even if a mortgage is registered, the action to foreclose upon it may still prescribe. (Buhat v. Besana, 50 O.G. 4215, Sept. 1954).

. (5) Effect on Interest on Debt If a mortgage debt had already prescribed, so also has the action to recover interest thereon. (Soriano v. Enriquez, 24 Phil. 584). Art. 1143. The following rights among others specified

elsewhere in this Code, are not extinguished by prescription:

. (1) To demand a right of way, regulated in Article 649;

. (2) To bring an action to abate a public or private nui-

sance.

COMMENT:(1) Rights Not Extinguished by Prescription

(a) Two rights are indicated in the Article. [The first right, the demanding of the right of way, would seem to cover

47

Art. 1143 CIVIL CODE OF THE PHILIPPINES also the right to demand a compulsory or legal easement

of drainage. (See Art. 676, Civil Code) .](b) Reason for the non-prescriptibility: public policy.

(2) Some Other Actions That Do Not Prescribe

. (a) The action to demand partition of a co- ownership (as long as the co-ownership has been expressly or implicitly recognized). (Art. 494, Civil Code). Budiong v. Pandoc 79 SCRA 24 The right to demand partition does not prescribe. (See Art. 494 of the Civil Code).

. (b) The action (or the defense) for the declaration of contract of marriage as null and void or inexistent. (See Art.

1410; see also Banaga v. Soler, L-15717, Jun. 30, 1961).

. (c) The action to have a will probated (otherwise, the desires of the deceased, who cannot help himself, may be frustrated). (Guevara v. Guevara, et al., L-05405, Jan. 31, 1956).

. (d) The action for the quieting of title so long as the plaintiff is in possession of the property. (Sapto, et al. v. Fabiana, L- 11285, May 6, 1958).

. (e) The right to demand support (present and future), but installments on support in arrears may prescribe. (Trinidad Florencio v. Rufino Organo, GR L-4037, Nov. 29, 1951).

. (f) Generally, an action to recover property expressly placed in trust (express trust) cannot prescribe in view of the confidence reposed, UNLESS such trust has been repudiated unequivocally. However, constructive trusts are affected by prescription and laches in view of the lack of confidence or fiduciary relations. (Diaz, et al. v. Garricho and Agriado, L-11229, Mar. 20, 1958; see Bachrach Motor Co. v. Lejano, L-10910, Jan. 16, 1959; see also comments under Art. 1456, this Volume).

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. (g) An action to compel reconveyance of property with a Tor- rens Title does NOT prescribe if the registered owner had obtained registration in bad faith , and the property is still in the latter’s name. The reason is that the registration is in the nature of a continuing and subsisting trust. (Cala- diao v. Vda. de Blas, L-19063, Apr. 29, 1964). However, if the property has already passed to an innocent purchaser for value, the principle of imprescriptibility does not apply. (Ibid.). NOTE: In Gerona, et al. v. Carmen de Guzman, et al., L-19060, May 29, 1964, however, the Supreme Court stated that although there are some decisions to the contrary, it is already settled that an action for reconveyance of real property based upon a constructive or implied trust, resulting from fraud, may be barred by prescription. The period is 4 years from the discovery of the fraud.

. (h) An action brought by a buyer of land to compel the seller to execute the proper deed of conveyance does NOT prescribe, provided that said buyer is

still in POSSESSION. (See Castrillo v. Court of Appeals, L-18046, Mar. 31, 1964).

. (i) An action by the registered owner of land (protected by a Torrens Title) to recover possession of said land. (Act 496).

. (j) Case of Rodil Rodil v. Benedicto L- 28616, Jan. 22, 1980 The right of the applicant for registered land (or the purchaser thereof) to ask for the writ of possession does not prescribe.

Art. 1144. The following actions must be brought within ten years from the time the right of action accrues:

. (1) Upon a written contract;

. (2) Upon an obligation created by law;

. (3) Upon a judgment.

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COMMENT:(1) Actions That Prescribe in 10 Years

The Article enumerates three kinds.

Other actions that prescribe in 10 years include the following:

. (a) action to recover de jure possession of real property from a possessor in good faith. (Art. 555, Civil Code; also Art. 1141, par. 2, in relation to Art. 1134, Civil Code).

. (b) a real mortgage action. (Art. 1142, Civil Code). [NOTE: An action to annul a marriage on the ground of

impotency prescribes in eight (8) years, counted from the cel- ebration of the marriage. (Art. 87, par. 6, Civil Code).]

Veloso v. Workmen’s Compensation Commission 78 SCRA 503

The liability of an employer for compensation cases under the Workmen’s Compensation Law prescribes in ten (10) years.

Negre v. Workmen’s Compensation Commission GR 43795, Apr. 15, 1985

A workmen’s compensation claim filed 8 years after the employee’s death is well within the statutory period to file a compensation claim, which is 10 years.

Villamor v. CAGR 97332, Oct. 10, 1991

Under Article 1144(1) of the Civil Code, actions upon a written contract must be brought within ten (10) years. The deed of option was executed on Nov. 11, 1971. The acceptance was also made in the same instrument. The complaint was filed by Villamor on Jul. 13, 1987, 17 years from the time of the execution of the contract. Hence, the right of action had prescribed. There were allegations by Villamor that they demanded from Reyes as early as 1984 the enforcement of their rights under the

50


contract. Still, it was beyond the ten (10)-year period prescribed by the Civil Code.

It is of judicial notice that the price of real estate in Metro Manila is continuously on the rise. To allow Villamor to demand the delivery of the property subject of this case 13 years or 17 years after the execution of the deed at the price of only P70 per square meter is inequitous. For reasons of equity and in consideration of the fact that Reyes has no other decent place to live in, the Court in the exercise of equity jurisdiction, is not inclined to grant Villamor’s prayer.

(2) Example of a Written Contract

A passenger of a ship, or his heirs, can bring an action based on culpa contractual within a period of 10 years because the TICKET issued for the transportation is by itself a COM- PLETE WRITTEN CONTRACT. (Peralta de Guerrero, et al. v. Madrigal Shipping Co., L-12951, Nov. 17, 1959).

[NOTE: An action for the reformation of a written contract prescribes in ten (10) years. (Jayme v. Judge Nestor Alampay, L-39592, Jan. 28, 1975).]

(NOTE: In this case, the Court held that “although the complaint does not state that the transportation was under- taken by virtue of a written contract of carriage, nevertheless this can be implied from the complaint because it is a matter of common knowledge that whenever a passenger boards a ship for transportation from one place to another, he is issued a ticket wherein the terms of the contract are specified.” )

(3) Examples of Obligations Created by Law

. (a) The obligation to pay indemnity for a legal right of way. (If the right of way of a public road was acquired in 1914, the claim for payment of the same brought to the Auditor- General only in 1955 has prescribed, especially where, due to the

loss of the papers during the war, the Government cannot be sure that no payment has been made). (Rosario v. Auditor-General, L-11817, Apr. 30, 1958).

. (b) An action to recover compensation for the death of a worker or employee, being an action based on law, prescribes in

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Art. 1144


10 years, in the absence of any specific provision of law on the matter. (Under the former law, Act 190, said action prescribed after 6 years). (Pan Phil. Corp. v. Workmen’s Compensation Com. and Frias, L-9807, Apr. 17, 1957). [ NOTE: In the Pan Phil. Corporation case, the death occurred on Dec. 25, 1945. The claim was filed with the Workmen’s Compensation Division of the Bureau of Labor on Feb. 11, 1949. The Bureau then ordered the employer to pay compensation on September 9, 1950, but on Jun. 20, 1952, the Workmen’s Compensation Commission was created and it took cognizance of the case. On Feb. 3, 1955, decision was rendered on the claim which was subsequently affirmed by the Commissioner, but the employer raised the defense of prescription, on the ground that when the Commission assumed jurisdiction over the case on Jun. 20, 1952, the six years’ prescription period provided for in Act 190 had already expired. The Supreme Court affirmed the ruling of the Commission that the period of prescription had been extended by Art. 1144(2) of the Civil Code to 10 years from the accrual of the action and that the 10-year period did not expire until Dec. 25, 1965. On the claim that Art. 1144 could not be applied because Art. 2252 of the Code provides that changes made and new provisions and rules laid down by this Code which may prejudice or impair vested or acquired rights in accordance with the old legislation shall have “no retroactive effect” and that the application of Art. 1144 would impair vested rights of the employer, the Court held that the employer had no vested right when the period of 6 years provided in Act 190 did not expire until Dec. 15, 1951.]

(4) Actions Based on a Judgment

The judgment referred to here must be a final and executory one (that is, on appeal, the judgment was confirmed, or that no appeal was ever made within the proper period). Parenthetically, the validity of a judgment or order of a court which has become final and executory, may be attacked generally only by a direct action, or proceeding to annul the same. (See Rosensons, Inc., et al. v. Hon. Jose Jimenez, et al., L-41225, Nov. 11, 1975).

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Installments for support granted by a final judgment prescribe after 10 years, each particular installment prescribing after 10 years from the time it is due. (Trinidad Florendo v. Rufino Organo, L-4037, Nov. 29, 1951).

[NOTE: Under the Rules of Court, a judgment becomes DORMANT after 5 years. This means that the judgment may be enforced only within 5 years by writ of execution . Thereafter, since the judgment has become dormant , it can be enforced only by another action, within 10 years from the time there was final judgment on the first action. (See Sec. 6, Rule 39, Revised Rules of Court) . It necessarily follows that the action to enforce the judgment must be filed within 10 years. The time, however, that a moratorium law affecting the obligation was in force should be deducted from the 10-year prescriptive period for the reason that moratorium laws have the effect of tolling (suspending) the prescriptive period. (PNB v. Aboitiz and Pascual, L-9500, Apr. 11, 1957; Tioseco v. Day, L-9944, Apr. 30, 1957; Liboro, et al. v. Finance and Mining Investment Corp., L-8948, Nov. 29, 1957; Intestate Estate of Montilla, Jr. v. Pacific Co., L-8223, Dec. 20, 1955; and Manila Motor Co., Inc. v. Flores, L-9396, Aug. 16, 1956).]

In Quimabao v. Mora (L-12690, May 25, 1960), a driver was convicted in a criminal case on May 19, 1950, and was sen- tenced among other things, to indemnify the offended party in the amount of P2,000. However, said driver was insolvent. Issue: What is the prescriptive period for suing the driver’s employer for his subsidiary liability? HELD: Ten years, for the suit is based, not on the driver’s negligence, but on the final judgment in the criminal case.

In Heirs of Sindiong v. Committee, L-15975, April 30, 1964, it was held that an action to enforce a decision (or to revive a court judgment) prescribes upon the expiration of ten years from the date the decision became final.

Olego v. Rebueno L-39350, Oct. 29, 1975

FACTS: More than 10 years after a judicial compromise had been approved, plaintiff sought to cite defendant in contempt

53


of court for having allegedly violated the judgment. Issue: May this be done?

HELD: No, this will not be allowed, for in effect what plaintiff wanted was to enforce a judgment that had prescribed (10 years had passed) thru

the institution of contempt proceedings.

(5) Action Not Actually Based on Written Contract

Bucton, et al. v. Gabar, et al. L-36359, Jan. 31, 1974

FACTS: Villarin sold in 1946 to Gabar a parcel of land on the installment plan. Gabar in turn had an oral agreement with Bucton that the latter would pay half of the price, and thus own half of the land. Bucton paid her share to Gabar, and was given in 1946 receipts acknowledging the payment.

In 1947, Villarin executed a formal deed of sale in favor of Gabar, who immediately built a house on half of the lot. Bucton took possession of the other half, and built improvements thereon. When Bucton asked for a separate title, she was refused, and so, in 1968, she filed a complaint to compel Gabar to execute a formal deed of sale in her favor. The Court of Appeals ruled that the action had already prescribed because this was an action to enforce a written contract, and should have been brought within 10 years from 1946, under Art. 1144 of the Civil Code. Issue: Has the action really prescribed?

HELD: No, the action has not really prescribed. The error of the Court of Appeals is that it considered the execution of the receipt (in 1946) as the basis of the action. The real basis of the action is Bucton’s ownership (and possession of the property). No enforcement of the contract of sale is needed, because the property has already been delivered to Bucton, and ownership thereof has already been transferred by operation of law under Art. 1434, referring to property sold by a person (Gabar) who subsequently becomes the owner thereof. The action here therefore is one to quiet title , and as Bucton is in possession, the action is imprescriptible.

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(6) Payment of Life Insurance

Philippine American life & General Insurance Co. v. Judge Lore R. Valencia-Bagalacsa,

RTC of Libmanan, Camarines Sur, Br. 56, etc., GR 139776, Aug. 1, 2002.

FACTS: On June 20, 1995, private respondents, as legitimate children and forced heirs of their late father, Faustino Lumaniug, filed with the RTC of Libmanan, Camarines Sur docketed as Civil Case L-787, a complaint for recovery of sum of money against petitioner alleging that: (1) their father was insured by petitioner under Life

Insurance Policy 1305486 with a face value of P50,000; (2) their father died of “coronary throm- bosis” on Nov. 25, 1980; (3) on Jun. 22, 1981, they claimed and continuously claimed all the proceeds and interests under the life insurance policy in the amount of P641,000; and (4) despite repeated demands for payment and/or settlement of the claim due from petitioner, the last of which was on Dec. 1, 1994, petitioner finally refused or disallowed said claim on Feb. 14, 1995. In view thereof, private respondents filed their complaint on Jun. 20, 1995.

Petitioner filed an Answer with Counterclaim and Motion to Dismiss, contending that:

. the cause of action of private respondents had prescribed and they are guilty of laches;

. it had denied private respondents’ claim in a letter dated Mar. 12, 1982 on the ground of concealment on the part of the decreased insured Faustino when he asserted in his application for insurance coverage that he had not been treated for indication of “chest pain, palpitation, high blood pressure, rheumatic fever, heart murmur, heart attack or other disorder of the heart or blood vessel” when, in fact, he was a known hypertensive since 1974;

. private respondents sent a letter dated May 25, 1983 re- questing for reconsideration of the denial; and

. in a letter dated July 11, 1983, it reiterated its decision to deny the claim for payment of the proceeds more than 10 years later, or on Dec. 1, 1994, it received a letter from Jose

55


C. Claro, a provincial board member of Camarines Sur, reiterating the early request for reconsideration which it denied in a letter dated Feb. 14, 1995.

Private respondents opposed the motion to dismiss. On Jun. 7, 1996 the RTC issued an Order which reads, in part: “After a perusal of the motion to dismiss by defendants’ counsel and the objection submitted by plaintiff’s counsel, the court finds that the matters treated in their respective pleadings are evidentiary in nature, hence, the necessity of a trial on the merits.” Petitioner’s motions for reconsideration was denied by the RTC in its Order dated Dec. 12, 1997 upholding, however, in the same Order the claim of private respondents’ counsel that the running of the 10-year period was “stopped” on

May 25, 1983 when private respondents requested for a reconsideration of the denial, and it was only on Feb. 14, 1995 when petitioner finally decided to deny their claim that the 10-year period began to run. Petitioner filed a petition for certiorari in the Court of Appeals (CA). On Apr. 30, 1999, the CA rendered its decision finding no grave abuse of discretion committed by the court a quo when it issued the Orders dated Jun. 7, 1996 and dated Dec. 12, 1997, respectively. Hence, the present petition for review.

ISSUE: Whether or not the complaint filed by private respondents for payment of life insurance is already barred by prescription of action.

HELD: The RTC’s ruling that the cause of action of private respondents had not prescribed, is arbitrary and patently erroneous for not being founded on evidence on record, and, therefore, the same is void. Consequently, while the CA did not err in upholding the Jun. 7, 1996 Order of the RTC, it committed a reversible error when it declared that the RTC did not commit any grave abuse of discretion in issuing the Order dated Dec. 12, 1997. The CA should have granted the petition for certiorari assailing said Order of Dec. 12, 1997. Said Order was issued with grave abuse of discretion for being patently erroneous and arbitrary, thus, depriving petitioner of due process.

The petition is partly granted. The assailed CA decision dated Apr. 30, 1999 insofar only as it upheld the Order dated Dec. 12, 1997 is reversed and set aside. A new judgment is entered reversing and setting aside the Order dated Dec. 12, 1997

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of the RTC of Libmanan, Camarines Sur, Br. 56, and affirming its Order dated Jun. 20, 1995. Said RTC is directed to proceed with dispatch with Civil Case L-787.

Art. 1145. The following actions must be commenced within six years:

. (1) Upon an oral contract;

. (2) Upon a quasi-contract.


The Article enumerates two kinds.

(2) Examples

. (a) In Ilagan v. Adame, L-19619, Mar. 31,

1964, it was held that an action to enforce an oral contract of tenancy (action to compel the landlord to reinstate the tenant to the land) comes under Art. 1145 (six years) and not under Art. 1149 (five years) of the Civil Code.

. (b) In Belman Compania, Inc. v. Central Bank, L-15044, Jul. 14, 1960, it was held that an action to recover a foreign exchange tax erroneously collected by the Central Bank (Bangko Sentral) is one based on the quasi-contract of solutio indebiti , and it, therefore, prescribes in six years .

(3) Actions Where Periods Are Not Fixed

Any other action whose period has not been fixed in the Civil Code or in other laws, to be counted from the time the right of action accrues. (Art. 1149, Civil Code).

Art. 1146. The following actions must be instituted within four years:

. (1) Upon an injury to the rights of the plaintiff;

. (2) Upon a quasi-delict.

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The Article enumerates two kinds.

Other actions include:

. (a) Action for the annulment of marriage based on non-age, fraud, force, or intimidation. (Art. 87, pars. 1, 4, and 5, Civil Code).

. (b) Action for the revocation or reduction (this is actually only for reduction ) of donations based on birth, appearance, or adoption of a child. (Art. 763, Civil Code).

. (c) Action to revoke a donation for non- compliance with conditions imposed by donor upon donee, the period to be counted from the non-compliance with the said condition. (Art. 764, Civil Code).

. (d) Action for rescission of contracts. (Art. 1389, par. 1, Civil Code). [NOTE: In case of persons under guardianship and in the case of absentees, the period of

prescription shall not begin until the termination of the former’s incapacity, or until the domicile of the latter is known. (Art. 1389, par. 2, Civil Code).]

. (e) Action for the annulment of a contract. (Art. 1391, par. 1, Civil Code). [NOTE: In cases of intimidation, violence, or undue influence, the period is counted from the time the vitiation ceases (Art. 1391, par. 3, Civil Code); in case of mistake or fraud, from the time of discovery of the same (Art. 1391, par. 4, Civil Code); and in cases of contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. (Art. 1391, par. 5, Civil Code).]

(2) Example of “Injury to the Rights of the Plaintiff”

In Valencia v. Cebu Portland Cement Co., et al., L-13715, Dec. 23, 1959, a case involving a plaintiff separated from his employment for alleged unjustifiable causes, the Supreme Court

58


held that the action is one for “injury to the rights of the plaintiff, and must be brought within 4 years.”

(3) Rules for Quasi-Delicts

. (a) In a quasi-delict, the period begins from the day the quasi- delict was committed. Paulan, et al. v. Sarabia, et al. L-10542, Jul. 31, 1958 FACTS: Basco was riding on a bus owned by defendant Sarabia when it collided with another truck owned by third-party defendant Lim. Basco died on Jul. 25, 1951. On Apr. 19, 1955, a complaint against Sarabia and his driver was filed by the widow and heirs. On Jul. 11, 1955 (after more than 4 years from the date of the collision), Sarabia in turn filed a third-party complaint against Lim and her driver. Issue: From what time must the 4-year period be counted for the filing of the third-party complaint — from the day of the collision or from the filing of the principal complaint? HELD: The period begins from the day of the collision, since the action is based on a quasi-delict . The third-party complaint was therefore dismissed.

. (b) An action for damages arising from physical injuries because of a tort must be filed within 4 years. (See Escueta v. Fandialan, L-39675, Nov. 29, 1974). However, when a criminal action for the same physical injuries is

instituted, the civil action for recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately. Degollacion v. Li Chui L- 11640, May 22, 1956 FACTS: A traffic accident occurred on Sept. 29, 1949. A criminal case was brought against the defendant’s driver in the Justice of the Peace Court (now Municipal/Metropoli- tan Trial Court) on Dec. 13, 1949. The case was, however,

59

Art. 1146


eventually dismissed, without prejudice, by the Court of First Instance, on Feb. 16, 1954. Having failed to have the criminal case reinstated thru the fiscal’s office, the plaintiff filed a civil action for damages against the defendant’s employer.

HELD: The civil action did not prescribe, it appear- ing that the plaintiff neither expressly waived the civil action nor reserved his right to file a separate civil action. Because the civil aspect remained with the criminal case, the period of prescription was suspended from Dec. 13, 1949 up to Feb. 16, 1954 (the period when the criminal case was pending ).

[NOTE: The ruling stated above is correct if the civil action is based on the CRIME. If the civil action is based on a QUASI-DELICT (which is considered an independent civil action), the institution of the criminal action cannot have the effect of interrupting the civil action based on such quasi-delict. (Paulan, et al. v. Sarabia, et al., L-10542, Jul. 31, 1958).]

(4) Rule Under the Code of Civil Procedure

Under the Code of Civil Procedure, an action to recover personal property, and an action for the recovery of damages for taking, retaining, or injuring personal property, can only be brought within 4 years after the right of action accrues.

Lapuz v. Sy Uy L-10079, May 17, 1957

FACTS: In a civil case between the defendant and his wife, certain jewelries belonging to the plaintiff were alleged to have been wrongfully attached on Aug. 24, 1943. Unfortunately, during the liberation, the jewels were looted from the safe of the sheriff. On Apr. 27, 1952, the plaintiff filed an action for the recovery of the jewelries or of their value. Issue: Has the action already prescribed?

HELD: The action has prescribed. Whether the

case is considered as one for the recovery of personal property or one for damages based on a tort , the plaintiff had only four years

60


from Aug. 24, 1943 or up to Aug. 24, 1947, within which to file the action against Sy Uy.

Art. 1147. The following actions must be filed within one year:

. (1) For forcible entry and detainer;

. (2) For defamation.

COMMENT:(1) Actions That Prescribe in 1 Year

The Article enumerates two kinds. Others include:

. (a) An action for legal separation, to be counted from knowledge of the cause (but the action must be brought within 5 years from occurrence). (Art. 102, Civil Code). Note: Under Art. 57 of the Family Code, the prescriptive period for filing an action for legal separation shall be counted from the date of occurrence of the cause.

. (b) Action to impugn the legitimacy of a child, the period to be counted from the recording of the birth in the Local Civil Registry, if the husband should be in the same place, or in a proper case, any of his heirs. (Art. 263, par. 1, Civil Code). [NOTE: If the husband or his heirs are absent, the period shall be 18 months if they should reside in the Philippines; 2 years if abroad; if the birth of the child is concealed, the period is to be counted from the discovery of the fraud. (Art. 263, par. 2, Civil Code).]

. (c) Action for the revocation of a donation on the ground of ingratitude , the period to be counted from the time the donor had knowledge of the fact, and it was possible for him to bring the action. (Art. 169, Civil Code).

. (d) Action for rescission or for damages for sale of immovable encumbered with any non-apparent burden or servitude, the period to be counted from the execution of the deed. (Art. 1560, par. 3, Civil Code).

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Art. 1147 (e)


Action for damages (no rescission anymore) for sale of immovable encumbered with any non-apparent burden or servitude, the one year after the execution of the deed having lapsed, said period to be counted from the date on which the burden or servitude is discovered. (Art. 1560, par. 4, Civil Code).

(2) Rule in Case of Forcible Entry and Detainer

In forcible entry , the period is counted from date of unlawful deprivation (Sec. 1, Rule 70, 1997 Rules of Civil Procedure); in case of fraud or stealth, counted from discovery of the same. In unlawful detainer , the period is to be counted from the date of last demand. (Sarona, et al. v. Villegas, L-22984, Mar. 2, 1968; DBP v. Canonoy, L-29422, Sept. 30, 1970; and Calipayan v. Pascual, L-22645, Sep. 18, 1967).

(3) Rule in Case of Libel

In libel, while it is true that the written defamation become actionable upon its publication ( i.e. , communication to third person), still the libelous matter must first be exhibited to the person libelled before the action can be brought. Hence, the one-year period runs from the time the offended party knows of the libelous matter. A person defamed can hardly be expected to institute proceedings for damages arising from libel when he has no knowledge of the said libel. (Alcantara, et al. v. Amoranto, L- 12493, Feb. 29, 1960).

(4) Actions That Prescribe in Six (6) Months

. (a) Action for the reduction of the price or for rescission of a sale of real estate (by the unit area) if the vendor is unable to deliver on demand all that is stated in the contract. (Art. 1543, in re Art. 1539, Civil Code).

. (b) Action for reduction of the price or for rescission of a sale (a cuerpo cierto) of real estate (made with mention of boundaries) if the vendor is unable to deliver all that is included within said boundaries. (Art. 1543, in re Art. 1542, Civil Code).

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Art. 1148. The limitations of action mentioned in Articles 1140 to 1142, and 1144 to 1147 are without prejudice to those specified in other parts of this Code, in the Code of Commerce, and in special

laws.

COMMENT:(1) Periods of Prescription Specified Elsewhere

Aside from the periods and actions indicated in the Articles stated, other periods and other actions are found elsewhere.

Basa v. Republic GR 45277, Aug. 5, 1985

The 5-year period after assessment within which court action for tax collection shall be instituted is suspended during the period the Bureau of Internal Revenue is prohibited from instituting court action.

Republic v. Ricarte GR 46893, Nov. 12, 1985

The prescriptive period provided for in the Tax Code is counted from the date when the BIR assessed the income tax return of the taxpayer. The action has prescribed if it had been filed 6 years and 9 months after the assessment. If the Govern- ment presents no evidence that the taxpayer received a copy of a subsequent or follow-up assessment notice regarding the alleged deficiency tax within the 5-year period, then, the prescriptive period is deemed to have lapsed.

Baliwag Transit, Inc. v. CA GR 57493, Jan. 7, 1987

An action upon an obligation created by law, such as a petition filed by an employee to compel the employer to remit his SSS contributions to the SSS prescribes after 10 years from the time the right of action accrues.

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(2) Rules in Case of Fraud

. (a) The action for relief on the ground of fraud may be brought within 4 years from the discovery of the fraud. (Art. 1391, Civil Code; and Sec. 43[3], Act 190) . Thus, where the plaintiffs filed an action in 1953 to annul a contract of sale on the ground that they had been fraudulently induced to sign the same in the belief that it was a mortgage, although they discovered the fraud in 1945, the same is barred. (Raymundo v. Afable, L-7651, Feb. 28, 1955) . A subsequent action by the same plaintiffs against the same defendants for the recovery of title and possession of the real property, subject matter of the aforementioned contract of sale is likewise barred. While it may be true that the recovery of the title and

possession of the lot were ultimate objectives of the plaintiffs, still to attain that goal, they must first travel over the road of relief on the ground of fraud. (Rone v. Claro and Baquiring, 91 Phil. 250). Indeed, the plaintiffs cannot be declared as still the owners of the property, entitled to its possession, without annulling the contract of sale. Said contract cannot be annulled without declar- ing it fraudulent, and annulment on this ground cannot be done anymore in view of the prescription. (Raymundo v. De Guzman, L-109020, Dec. 29, 1959).

. (b) An action for reconveyance of land, for which a patent had been issued to the defendant by reason of fraudulent statements, is one based on fraud, and must be instituted within 4 years from the discovery of the fraudulent statements made in the application. (Rosario v. Aud. Gen., L-11817, April 30, 1958; Jean v. Agregado, L-7921, Sept. 28, 1955).

Art. 1149. All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues.

COMMENT:(1) General Proviso — 5 years

The Article explains itself. 64


Tolentino v. CA and David L-41427, Jun. 10, 1988

All actions, unless an exception is provided, have a prescriptive period. Unless the law makes an action imprescriptible, it is subject to bar by prescription and the period of prescription is 5 years from the time the right of action accrues when no other period is prescribed by law. The Civil Code provides for some rights which are not extinguished by prescription, but an action against a woman who has been legally divorced from her husband, brought by the latter’s present wife, seeking to enjoin the former wife from using the surname of her former husband, is not one of them. Neither is there a special law providing for imprescriptibility.

The mere fact that the supposed violation of the petitioner’s right may be a continuous one does not change the principle that the moment the breach of right or duty occurs, the right of action accrues and the action from that moment can be legally instituted. It is the legal possibility of bringing the action which determines the starting point for the computation of the period of prescription. The petitioner should have brought legal action immediately against the private respondent after she gained knowledge

of the use by the private respondent of the surname of her former husband.

(2) Examples

. (a) Action to impugn the recognition of a natural child. (Art. 296, Civil Code).

. (b) Action to impugn the legitimation of a child. (Art. 275, Civil Code).

. (c) Action to reduce inofficious donations (to be counted from the death of the donor). (See Art. 772, Civil Code). [NOTE: Castan believes, however, that the period for this is 4 years, not 5 years, applying the rule for rescissi- ble contracts under Art. 1389 of the Civil Code. (4 Castan 194).]

(3) Query (Re Validity of Stipulation Concerning Period)

May the parties stipulate when action for court enforcement may be brought?

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Art. 1150


(a) (b)

ANS.: Yes, unless the stipulation: contravenes a valid statute;or the time fixed is unreasonably short.

[Thus, the Supreme Court, in Pao v. Remorosa (L-10292, Feb. 28, 1958) held that an agreement whereby the claim against the surety must be filed within thirty days, otherwise, court action is waived, is unreasonable and is an invalid limitation of action. (See Ongsiako v. World Wide Insurance Co., L-12077, June 27, 1958) .]

Art. 1150. The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought.

COMMENT:(1) From What Time Period Is to Be Counted

Note that the period shall be counted from the day the action may be brought, except if there is a special provision that ordains otherwise.

(2) Reason for the Law

One cannot be said to begin sleeping on his rights, if such rights have not yet accrued. Thus, the starting point is the legal possibility. (TS,

May 8, 1903).

(3) Examples

. (a) In an action based on a quasi-delict because of a traffic collision — from the day of the collision. (Paulan, et al. v. Sarabia, et al., L-10542, Jul. 3, 1958).

. (b) In a promissory note with a maturity date, from the date of such maturity. (See Varela v. Marajas, et al., L-10215, Apr. 30, 1958).

. (c) In a collection for the unpaid balance of subscribed corporation shares, from the date of demand or call by the Board of Directors. (Garcia v. Suarez, 67 Phil. 441).

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. (d) In an action to compel the registration of an assigned mem- bership certificate in a non-stock corporation, the period runs not from the date of assignment, but from the date of denial of registration. Reason: The existence of a right is one thing; right to have is another. It was only from the time of denial of registration that the cause of action accrued. (Lee E. Won v. Wack Wack Golf and Country Club, L-10122, Aug. 30, 1958).

. (e) In an action to recover payment of the difference between the wages paid an employee and that fixed by the Minimun Wage Law, every monthly payment of salaries made by defendant employer gives the employee a separate and independent cause of action to recover the underpayment; hence, the period provided for by law is to be counted from the date of each and every monthly payment. (Abrasaldo, et al. v. Compania Maritima, L-11918, Jul. 31, 1958).

(4) Some Cases

Lichauco v. Soriano 35 Phil. 203

FACTS: A promise to pay within one year was made. At the option of the creditor, the period could be extended for one year. The debtor failed to pay, and the creditor failed to demand. Issue: From what time will the prescriptive period run?

HELD: Mere delay by the debtors and failure to demand by the creditor does not mean that the extension of one year had been granted. Therefore, since the debt became due at the end

of the original year, the prescriptive period should commence from said end of the first year.

Varela v. Marajas, et al. L-19215, Apr. 30, 1958

FACTS: The heirs of a deceased person settled the estate in a written agreement dated Feb. 14, 1941, providing that one of them would pay an absent heir, upon the reappearance of the latter. Said absent heir returned to the Philippines from the United States in November, 1945. He immediately asked

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for his share, but was not paid. He then filed the complaint for payment of his share on Dec. 6, 1954. Issue: From what time should the prescriptive period be counted?

HELD: The prescriptive period should be counted from November, 1945, when he presented himself for payment but was not paid. Hence, the action has not yet prescribed. It is unfair to begin computing from 1941 when the agreement was made. This is so, because the agreement provided for payment upon his appearance, and no period was fixed for said purposes. The situation is similar to that of a debt evidenced by a written document payable within a stated period, where the cause of action would accrue only upon the expiration of the stipulated period in case payment is not made — certainly, not from the date of the agreement.

Intestate Estate of Francisco Ubat, et al. v. Atanasia Ubat de Montes, PNB, et al. L-11633, Jan. 31, 1961

FACTS: Eduardo Ubat borrowed P460 from the Philippine National Bank in 1936, payable “on or before the 7th day of October, 1946.” The contract further provided that the payment “shall be made ” in 10 equal yearly installments. Suit for the whole amount was brought in 1954 since not a single installment had been paid. Issue: Has the debt prescribed?

HELD: Under Art. 1150 of the new Civil Code, the prescriptive period starts from the time creditor may file an action, not from the time he wishes to do so. The payment of yearly installments was mandatory because of the phrase “shall be made.” Therefore, the prescriptive period for EACH installment should start from the time it became due. However, considering the suspensive effect of the Moratorium Law, only the first five installments have prescribed. The others may still be recovered.

Castrillo v. Court L-18046, Mar. 31, 1964

The prescriptive period within which to ask for a declaration of co-ownership in a parcel of land covered by a Torrens

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CIVIL CODE OF THE PHILIPPINES Arts. 1151-1152 Title begins from the moment a transfer certificate is issued in

the name of the new owners. Republic v. Hon. Numeriano Estenzo

L-24656, Sept. 25, 1968

ISSUE: To have a judgment on compromise set aside, from what moment should prescription be counted?

HELD: By its very nature, a judgment based on compromise is generally final and immediately executory. (Enrique v. Padilla, 77 Phil. 373; Badiongan v. Ceniza, et al., 102 Phil. 750). For this reason, prescription begins (or tolls) not from the date of its entry, but from the date of its rendition. (Dirige v. Biranya, L-22033, Jul. 30, 1966).

Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.

COMMENT:Obligations to Pay Principal With Interest or Annuity

Example: If a matured debt is recognized later by the payment of interest, the prescriptive period begins, not from the date of maturity, but from the last payment of said interest. (See Obras Pias v. Devera Ignacio, 17 Phil. 45).

Art. 1152. The period for prescription of actions to demand the fulfillment of obligations declared by a judgment commences from the time the judgment became final.

COMMENT:Obligations Declared by a Judgment

The Article explains itself. 69


Luzon Surety Co. v. IAC GR 72645, Jun. 30, 1987

It is now settled that the ten-year period within which an action for revival of a judgment should be brought, commences to run from the date of finality of the judgment, and not from the expiration of the five-year period within which the judgment may be enforced by mere motion.

Three (3) reasons were advanced, to wit:

(1) Sec. 447 of the Code of Civil Procedure (which is similar to the last sentence of Sec. 6, Rule 39 of the Revised Rules of Court) should be construed in relation to Sec. 43, No. 1 of the said Code (which is similar to Art. 1144 of the Civil Code); and as thus construed, the conclusion one arrives at is that after the expiration of the five years within which execution can be issued upon a judgment, the winning party can revive it only in the manner therein provided so long as the period of ten years does not expire from the date of said judgment, according to Sec. 43, No. 1 of the same Code.

(2) The right of the winning party to enforce the judgment against the defeated party “begins to exist the moment the judgment is final; and this right, according to our Code of Civil Procedure, consists in having an execution of the judgment issued during the first five years next following, and in com- mencing after that period the proceeding provided in Sec. 447 to revive it, and this latter remedy can be pursued only before the judgment prescribes, that is to say, during the five years next following. It is so much an action to ask for an execution as it is to file a complaint for reviving it, because, as we know, by action is meant the legal demand of the right or rights one may have.’’

(3) If it is held that the winning party has still ten (10) years within which to revive the judgment after the expiration of five years, then the judgment would not prescribe until after fifteen (15) years, which is against No. 1 of Sec. 43 of the Code of Civil Procedure. It cannot be said that such is the letter, and much less, the intention of the law, for there is nothing in Sec. 447 of the said Code, making this new period different from the one prescribed in said Sec. 43, No. 1, or reconciling these two

70


provisions, there being no other way of reconciling them than to say that after the expiration of the first five years next following the judgment, there remains to the victorious party only another five years to review it.

Art. 1153. The period for prescription of action to demand accounting runs from the day the persons who should render the same cease in their functions.

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

COMMENT:

(1) Actions to Demand Accounting and Actions Arising from Result of the Accounting

The first paragraph deals with the demand for accounting, the second deals with the result of the accounting .

(2) Accounting and Reliquidation

There is NO difference, however, between an action for ACCOUNTING and one for RELIQUIDATION, both of which involve the determination and settlement of what is due the parties under the provisions of the law. (Mateo v. Duran, L-14314, Feb. 22, 1961 and Yusay v. Alejado, L-14881 and L-15001-7, Apr. 30, 1960).

Art. 1154. The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him.

COMMENT:Effect of a Fortuitous Event

The Article explains itself. After all, fortuitous events are generally exempt.

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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, and when there is any written acknowledgment of the debt by the debtor.

COMMENT:(1) Old Law Re Interruption of Prescriptive Periods

Under the old law, while it is true that the prescription of actions is interrupted when they are filed before the court, still, if the case is dismissed without any unfavorable judgment against the defendants, even if without prejudice to another action, the same does not constitute an interruption of the period of prescription for the parties are in exactly the same position. (Ongsiako v. Ongsiako, L-7510, Mar. 30, 1957). This doctrine was reiterated in Amar v. Odianan, L-15179, Sept. 30, 1960. Moreo- ver, according to the Court, Act 190 contains NO provisions on the interruption or suspension of the period of prescription by the mere institution of an action.

(2) When Prescription of Actions Is Interrupted Under the Civil Code

. (a) filed before the court (judicial demand) (this is true even if there were no summons issued and even if there be no judgment). (Manresa). ( NOTE that this Article must not be confused with

Art. 1124). Said latter Article does not apply here in Art. 1155. [NOTE: If a complaint is amended, with the impleading of an additional defendant, prescription is interrupted as to such additional defendant only from the time of the admission of the amended complaint, not from the filing of the original complaint. (Aetna Insurance v. Barber Steamship Lines, Inc., L-25266, Jan. 15, 1975) .]

. (b) written extrajudicial demand.

. (c) written acknowledgment by the debtor of his debt.

(3) Requirement of Written Demand or Acknowledgment

Note the requirement of a WRITTEN extrajudicial demand or acknowledgment. Thus, a written offer of payment works as a renewal of the obligation and prevents prescription from

72


setting in. (Phil. National Bank v. Hipolito, L- 16463, Jan. 30, 1965). Thus also, an oral or verbal acknowledgment has been held insufficient to interrupt or suspend the running of the prescriptive period. Like the Statute of Frauds, the plain purpose of the law is to avoid uncertainty in the determination of the periods of limitation, and not leave such determination on the fallacies of human memory. This was also the rule under the old rule. (Sec. 50 of Act 190).

It would be different, however, if such oral acknowledgment assumes a new obligation, and is not merely a promise to pay an old debt at a future time. (Borromeo v. Zaballero, L-14357, Aug. 31, 1960). Written extrajudicial demands made AFTER an action has prescribed do NOT of course revive the action. (Belman Co., Inc. v. Central Bank, L-15044, May 30, 1960).

(4) Moratorium Law Suspended Right to Sue

The Moratorium Law suspended the creditor’s right to sue, and for purposes of prescription, the time it was in force must be excluded from the computation. (Magdelena, et al. v. Benedicto, L- 9105, Feb. 28, 1958; Talens, et al. v. Chuakay & Co., GR L-10127, Jun. 30, 1958; Rio & Co. v. Datu Jolkipli, GR L-12301, Apr. 13, 1959; Levy Hermanos v. Perez, GR L-14487, April 29, 1960). BUT the Moratorium Law does not apply to pre-war debts. (Nielsen & Co., Inc. v. Lepanto, L- 21661, Dec. 28, 1968).

(5) Effect of President Osmeña’s Moratorium Order (Exec. Order 32), and

the Moratorium Law (Rep. Act 342), upon the Statute of Limitations for Debts Contracted Before Dec. 31, 1941

(a) If the debtor was a WAR DAMAGE claimant, the period of prescription was suspended from Mar. 10, 1945 (Ex. Order No. 32) to May 18, 1953 (when the decision in Rutter v. Esteban, 49 O.G. 1807, holding unconstitutional the further operation of Rep. Act 342 became operative ). [Note that in said Rutter case , the Moratorium Law was not declared void ab initio ; the Court only held that its continued operation and enforcement had already become unreasonable and oppressive. Said law therefore suspended the Statute of

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Art. 1155


(b)

Limitations, and no action for collection could be main- tained during the period when it was still in effect. (Vda. de Quiambao v. Manila Motor Co., Inc., L-17384, Jan. 30, 1962) .] Whether or not the creditor actually brought his suit before or after the Rutter decision, the period for the enforcement of the credit was tolled or suspended. (Ibid.). The presumption is that the creditor was a war damage claimant. (Rio y Compania v. Court of Appeals, L-15666, Jun. 30, 1962).

IfthedebtorwasNOTawardamageclaimant,theperiodof prescription was suspended from Mar. 10, 1945 (Ex. Order 32) to Jul. 26, 1948 [when the Moratorium Law, Rep. Act 342, became effective]. (Rio & Co. v. Datu Jolkipli, GR L- 12301, Apr. 13, 1959; see Hongkong & Shanghai Banking Corp. v. Pauli, L-15713, Mar. 31, 1962).

(6) Closure of Courts During the Japanese Occupation

Judicial notice may be taken of the fact that the regular courts were closed or ceased to function with the overrunning of Luzon by the Japanese forces in Dec. 1941. They did not reopen until Jan. 30, 1942. This interruption in the functions of the courts naturally suspended also the running of the prescriptive period. (Talens, et al. v. Chuakay and Co., GR L-10127, Jun. 30, 1958).

(7) Actions Under the Carriage of Goods by Sea Act

The interruption by a written extrajudicial demand does not apply to actions under the Carriage of Goods by Sea Act, which must be filed within one year from receipt of the cargo. The reason is that matters affecting transportation of goods by sea should be

decided in as short a time as possible. To apply the Civil Code provision would permit delays. (Yek Tong Lin Fire Ins. Co. v. American President Lines, Inc., L-11081, Apr. 30, 1958).

Dole Phils., Inc. v. Maritime Co. of the Phils. GR 61352, Feb. 27, 1987

In a case governed by the Carriage of Goods by Sea Act, the general provisions of the Code of Civil Procedure on Prescrip-

74


tion should not be made to apply. Similarly, in such a case, Art. 1155 cannot be made to apply, as such application would have the effect of extending the one-year period of prescription fixed in the law. It is desirable that matters affecting transportation of goods by sea be decided in as short a time as possible. Thus, the application of Art. 1155 would unnecessarily extend the period and permit delays in the settlement of question affecting transportation, contrary to the clear intent and purpose of the law.

(8) Rule in Taxation Cases

The motion for reconsideration of a decision of the Collector of Internal Revenue suspends the running of the prescriptive period within which the taxpayer may appeal to the Court of Tax Appeals; and the period resumes its running the day following the receipt by the taxpayer of the Collector’s denial of said motion. (Collector of Internal Revenue v. Convention of Philippine Baptist Churches, L-11807, Jan. 28, 1961).

(9) Effect of a Motion for Reconsideration

A motion for reconsideration on the ground that the decision is completely against the evidence and the law, without pointing out the finding and pronouncement made in the judgment that were allegedly contrary to the evidence and the law is pro forma and does not stop the running of the period within which to appeal ( Valdez v. Jugo, 74 Phil. 49 and Villalon v. Ysip, 53 O.G. 1094); and the fact that before entry of the order denying the motion for reconsideration, the movants filed a pleading where they pointed out the fraud allegedly committed, does not cure the defect of such motion. (Garganta, et al. v. Court of Appeals, et al., L-12104, Mar. 31, 1959).

(10) Some Cases

Buccat v. Dispo L-44338, Apr. 15, 1988

In order to resolve whether or not the present action has prescribed, it is necessary to first determine when the right of action for the fixing of the period of lease accrued. Should it be

75


reckoned from the time when the parties entered into the second contract of lease which was on Aug. 1959 as the defendants-ap- pellants claim, or at the time when the decision of the Court of Appeals upholding the validity of the second contract of lease was promulgated which was on Nov. 1972 as the plaintiff-appellee claims?

The Court held that it was only on Nov. 1972 that the cause of action for the fixing of the period of lease accrued. This is as it should be because prior to that, the validity of the second contract of lease was being challenged. The case for unlawful detainer filed by the plaintiff-appellee became in fact a case questioning the validity of the second contract on the grounds that the said contract was simulated and that there was no consideration. The plaintiff-appellee could not have been expected to file an action for the fixing of the period of the lease before the Court of Appeals promulgated its decision because she was not yet aware that the said paragraph of the second contract was a provision that called for an indefinite period. For the reason that the very existence, and subsequently, the interpretation of the second contract of lease, particularly par. 3 thereof, were put in issue in the unlawful detainer case, the court trying the case was required to interpret the provisions of, and consequently, rule on the validity of, the said contract.

PDCP v. IACGR 73198, Sept. 2, 1992

As to petitioner’s contention that the cause of action of respondent is barred by prescription and that there is a pending case before the Davao RTC with the same cause of action, be it noted that litis pendentia cannot apply in an instance where there is no identity of parties .

In the case at bar, records show and as admitted by petitioner, the action filed in the Manila RTC was against the respondent while the case filed in the Davao RTC was against DATICOR, the president of which is the respondent. The first case is against a natural person , while the second, is against a juridical person .

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