OBLIGATION AND CONTRACTS

Prepared by : Evelyn Chua Bergantinos-De Matias

Essential elements in the principle of latches:

(1) conduct on the part of the defendant, or one under whom he
claims, giving rise to the situation that led to the complaint for
which the complaint seeks a remedy:
(2) delay in asserting the complainant's rights, the complainant
having had knowledge or notice of the defendant's conduct and
having been afforded an opportunity to institute a suit; (3) lack of
knowledge or notice on the part of the defendant that the
complainant would assert the right on which he bases his suit;
(4) injury or prejudice to the defendant in the event relief is
accorded to the complainant or the suit is not held barred.

Source: Narciso & Maria Buenaventura v CA GR 50837 December 28,

1992

Prescription

- A method of acquiring a non-possessory interest in land through the long, continuous use of the land.
- the method of acquiring an easement upon another's real property by continued and regular use
without permission of the property owner for a period of years required by the law of the state

Real Property:
Ordinary prescription : 10 years
Extraordinary prescription : 30 years

Movables / Personal Properties

Ordinary prescription : 8 years
Extraordinary prescription : 4 years

Ordinary Prescription Requirements:

- Possession of property
(1) in good faith
(2) just title
 Extraordinary Prescription Requirements:

- uninterrupted, continuous adverse possession of properties.

PRESCRIPTION PERIOD

Cause of Action Prescription Reckoning

Nullity of marriage imprescriptible -
Reconveyance 10 years From the issuance of title.
- if resulting from fraud 4 years From discovery of fraud
- Torrens title obtained in:
- bad faith
Imprescriptible -
- passed to innocent
Imprescriptible -
buyer

Nullity of a void judgment imprescriptible -

Ordinary
Acquisitive Prescription:
- immovables
- movables 10 years
4 years
Extraordinary Prescription
- immovables
30
- movables
8 years
Nullity of Falsified Deed imprescriptible -
of Sale
Torrens Titles Imprescriptible but may lose LATCHES – unreasonable
ownership thru latches delay to bring cause of action.
Right to seek partition of land Imprescriptible Not barred by latches
when co-ownership is Exception: when co-owner
recognized repudiates the ownership,
action prescribes in ______.
Ejectment 1 year -
Against Administrative imprescriptible -
offenses
Probate of will imprescriptible
Deportation of alien 5 years From date the cause of
deportation arose
Recovery of purchase price 2 yrs From the date of sale
Refund of tax 2 yrs From the date of tax
assessment
Claim for payment 10 yrs
Revocation of donation for 4 years
non-compliance of conditions
stipulated;

Reduction of donation based

on birth, appearance, or 4 years
adoption of a child

Revocation of donation based

on ingratitude
1 year

From time the donor has

knowledge of the fact.
Mortgage Action 10 years The moment surety company
(properties with Torrens title pays the bond
may be foreclosed since right
to mortgage can prescribe, for
what does not prescribe is the
ownership of the land)
Demand for right of way imprescriptible
Bring action to abate a public imprescriptible
or private nuisance
Quiet a Title (as long as the imprescriptible
plaintiff is in possession of the
property)
Right to demand support Imprescriptible
(installments on support in
arrears may prescribe)
Action to recover property in Imprescriptible
express trust (based on
confidence & trust)
UNLESS: In view of lack of
confidence or fiduciary
relations
- may prescribe with latches
Recovery of registered owner imprescriptible
of land with Torrens Title
Upon written contract 10 years

Rescission of contract 4 years

Annulment for contract 4 years

In case of fraud upon
discovery thereof; in case
of contractsentered by
minors/incapacitated from the
time guardianship ceases.
Upon obligation created by law 10 years
Upon a judgment 10 years
(enforcement by writ of
execution – 5 years)
Compensation from employer 10 years
Oral contract 6 years
Quasi-contract 6 years
Upon injury to right of plaintiff 4 years
Quasi-delict / tort 4 years From time such is committed
Annulment of marriage based 4 years From time fraud, force, etc….
 on fraud, non-age, force, (Family Code: 5 yrs) cease
intimidation

Annulment of marriage due to

8 years From the time of celebration of
impotency
the marriage
Forcible entry and detainer 1 year Date of unlawful deprivation
(forcible entry)

Date of last demand (for

detainer)
Defamation 1 year
Legal separation 5 years Knowledge of cause
Impugn Legitimacy of child (Family Code) From recording of birth to the
- if father/heirs reside in the 1 year local civil registry
same place of birth of child
- if residing in other place
within the Phils.
- if residing abroad 2 years

3 years
Other actions not fixed by Law 5 years
Claim for legitimacy of a imprescriptible
legitimate child
From the time the right of
action accrues.
May bring action as long as
the person lives

Establishment of illegitimate May bring the action in his

imprescriptible
filiation of illegitimate child lifetime

Recovery of the purchase 2 years From the date of sale

price
Action of buyer of land to imprescriptible As long as the buyer still in
compel seller to execute deed possession of the property
of conveyance
Annulment of contract entered 4 years From the time guardianship
by minors or incapacitated ceases
persons
Forcible entry 1 year From time of unlawful
deprivation and discovery
Forcible detainer 1 year From the date of last demand