Prescription Under the Civil Code of the Philippines
Definition: Prescription, under the Civil Code of the Philippines, refers to a legal means
of acquiring or losing rights through the passage of time. It has two forms:
1. Acquisitive Prescription – The process by which a person acquires ownership or
real rights over property through continuous, uninterrupted possession for a
specific period. 2. Extinctive Prescription – The method by which obligations and
rights are extinguished due to the lapse of a legally prescribed period.
Prescription is primarily governed by Title V, Book III (Articles 1106–1155) of the
Civil Code of the Philippines. ⸻
1. Acquisitive Prescription
Types of Acquisitive Prescription:
1. Ordinary Prescription
• Requires possession of a property in good faith and with just title.
• Time Required:
• Movables – 4 years
• Immovables (real property) – 10 years 2. Extraordinary Prescription
• Ownership is acquired without good faith or just title through
continuous possession.
• Time Required:
• Movables – 8 years
• Immovables – 30 years
Essential Requirements for Acquisitive Prescription:
• Possession must be in the concept of an owner – The possessor must
behave as if they own the property.
• Possession must be public, peaceful, and uninterrupted – The
possession must not be secret, forced, or challenged continuously.
• Just title (for ordinary prescription only) – There must be a legal basis
for the claim, such as a deed of sale, donation, or inheritance.
• Good faith (for ordinary prescription only) – The possessor must
believe they own the property legally.
2. Extinctive Prescription
Extinctive prescription refers to the loss of a legal right due to inaction over a
specified period. This applies to actions for the enforcement of rights and obligations.
General Rules on Extinctive Prescription:
• When period starts: The period of prescription begins from the time the right of
action arises.
• When period is interrupted:
• Filing of a lawsuit
• Recognition of the obligation by the debtor
• Any act that acknowledges the right Prescriptive Periods for Actions:
• Written contracts – 10 years
• Oral contracts – 6 years
• Quasi-contracts – 6 years
• Torts or quasi-delicts – 4 years
• Forcible entry and unlawful detainer – 1 year
• Actions to recover movable property – 8 years
• Actions to recover immovable property (real rights) – 30 years
• Actions upon a judgment – 10 years
3. Things Not Subject to Prescription
Some rights and properties cannot be acquired or lost through prescription, such
as:
• Government property – Property owned by the State that is for public use (e.g.,
roads, bridges, parks).
• Property of the Church – Religious properties dedicated to worship.
• Family relations – Parental authority, legal separation, and marital rights.
• Personal status – Citizenship, legitimacy, and nationality.
4. Interruption and Suspension of Prescription
Prescription can be interrupted or suspended under certain conditions:
• Interruption: Happens when the possessor is legally prevented from using the
property, or if legal action is taken to enforce a right.
• Suspension: Happens in cases such as:
• When the owner is a minor or legally incapacitated.
• When the debtor is absent from the country and cannot be served legal action.
Conclusion
Prescription is an essential legal concept that governs property ownership and
the enforcement of legal rights. It ensures that legal disputes are settled within a
reasonable time and provides stability to ownership and obligations. However, there are
exceptions and rules that must be observed, depending on the type of prescription in
question.
Acquisitive Prescription (Ownership or Rights Acquired Through Time)
• Article 1117: Ordinary acquisitive prescription requires possession in good faith
and just title for 10 years.
• Example: Juan buys a piece of land from Pedro, believing Pedro is the rightful
owner. He possesses the land publicly, peacefully, and continuously for 10 years. Later, it
turns out Pedro was not the true owner, but Juan acquires ownership by ordinary
prescription.
• Article 1132: Extraordinary prescription does not require good faith and just
title, but requires 30 years of possession.
• Example: Maria has been occupying a vacant lot, believing it to be ownerless.
Even without a title or good faith, if she continuously and publicly possesses it for 30
years, she becomes the owner. ⸻ Extinctive Prescription (Loss of Rights Through
Lapse of Time)
• Article 1144: Actions based on written contracts, obligations created by law, and
judgments prescribe in 10 years.
• Example: Ana lends money to Luis under a written contract. If Ana does not
demand payment within 10 years, she can no longer sue Luis to recover the debt.
• Article 1145: Actions based on oral contracts prescribe in 6 years.
• Example: Ben agrees verbally to pay Carla ₱50,000. If Carla does not file a case
within 6 years, she loses the right to collect.
• Article 1146: Actions for injury to rights and quasi-delicts prescribe in 4 years.
• Example: A car accident caused by Kevin’s negligence injures Mark. If Mark does
not sue within 4 years, his claim is barred by prescription. Would you like more examples
or clarification on any specific provision?
• Article 1118: Possession must be continuous, public, and peaceful for
prescription to apply.
• Example: Diego builds a house on an abandoned lot and lives there openly and
without disturbance for 30 years. He can now claim ownership by extraordinary
acquisitive prescription.
• Article 1119: Interruption of possession prevents prescription from running.
• Example: Lucia has been occupying a piece of land for 5 years, but the real
owner files a case against her, interrupting her possession. The period will reset, and she
cannot count the previous years toward acquisitive prescription.
• Article 1120: Possession by violence or intimidation does not lead to
prescription until the violence or intimidation ceases.
• Example: Marco forces a family off their land and takes possession of it. Since
he used force, prescription will not begin to run until the violence stops and he
possesses it peacefully.
Extinctive Prescription (Loss of Rights Through Lapse of Time)
• Article 1139: Real actions over immovables prescribe after 30 years, even if
there is no adverse possession.
• Example: The heirs of a deceased landowner discover that someone else is
occupying their inherited property. If they fail to take legal action within 30 years, they
lose the right to reclaim it.
• Article 1141: Movable property ownership can be acquired by uninterrupted
possession for 8 years in good faith, or 4 years in bad faith.
• Example: Mia finds an old painting in an abandoned house and keeps it for 8
years, believing it was abandoned (good faith). She now becomes its owner.
• However, if Mia stole the painting and hid it for 4 years, she can still acquire
ownership (bad faith prescription).
• Article 1147: Actions to demand civil liability for crimes prescribe based on the
penalties imposed.
• Example: A person is injured in an assault and wishes to claim damages. If the
penalty for the crime carries a prescriptive period of 10 years, the victim must file the
civil action within that time or lose the right to claim damages.
• Article 1150: If no specific provision states when prescription starts, it begins
when the right of action accrues.
• Example: A contract states that Pedro must pay Jose ₱100,000 after 5 years. The
prescriptive period begins only when the 5-year period expires and Pedro fails to pay.
