Acquisitive Prescription Periods Movables Movables (uninterrupted, (uninterrupted) good faith) 4 Years 8 Years
Immovables (ordinary)
Immovables (extraordinary)
10 Years
30 Years
Extinctive Prescription Periods 40 days 1 MONTH 3 MONTHS
6 MONTHS
1 YEAR
2 YEARS
3 YEARS 4 YEARS
Redhibitory action based on faults or defects of animals sold Subrogation to the rights of the purchaser in case an heir sells his hereditary rights to a stranger before the partition To impugh decision of partner’s designation of shares in losses and profits, if such decision is entrusted to a third person 1. Actions for warranty against hidden defects of the things sold 2. Actions for warranty against encumbrances upon the thing sold 3. Actions for rescission in case of sales in lump sum 4. Actions for rescission in case of delivery of goods with inferior value 1. Action to impugn legitimacy of a child, where the husband or his heirs reside in the city or municipality of the child’s birth 2. Actions for forcible entry 3. Actions for unlawful detainer 4. Actions for defamation 5. Actions for revocation of donations, on the ground of ingratitude 6. Actions for rescission or for damages, if an immovable is sold with non-apparent burdens or servitudes 7. Actions for warranty of solvency in assignment of credits Actions to impugn legitimacy of a child, where the husband or his heirs are NOT residing in the city or municipality of the child’s birth. birth. Action to impugn the legitimacy of a child, where the husband or his heirs reside abroad 1. Actions to revoke or reduce donations inter vivos made prior to the birth of any legitimate legitima te child,
5 YEARS
6 YEARS 8 YEARS
10 YEARS
counted from the date the first legitimate child acquires such status. 2. Actions to revoke donations due to non-compliance with conditions 3. Actions to rescind partition of deceased’s estate, on account of lesion 4. Actions to claim rescission of contracts, for vice of consent 5. Actions upon quasi-delicts 6. Actions upon an injury to the rights of the plaintiff, not arising from contract and not otherwise enumerated in the Civil Code 1. Actions for legal separation 2. Actions in case the wife disagrees with the husband in matters relating to the administration and enjoyment of the conjugal partnership 3. Actions brought by the heirs to establish a child’s legitimacy or illegitimacy, in case the child dies during minority or insanity. 4. Actions for declaration of the incapacity of a heir, devisee, or legatee to succeed 5. Actions to revoke the donation in case of legal separation 6. Actions for recovery of inheritance, devise, or legacy from incapacitated heir, legatee, or devisee 7. Actions to impugn a child’s legitimation, by those who are prejudiced in their rights 8. In partition, actions against the co-heirs, for warranty of solvency of the debtor in credits assigned 9. All other actions whose periods are not fixed in the Civil Code or in other laws. 1. Actions upon an oral-contract. 2. Actions upon a quasi-contract. Actions to recover movables from loss of possession, unless: 1. Movable acquired through prescription or if possessor is entitled under Arts. 559 (movables bought in good faith in a public sale); 2. 1505 (court-ordered sale or sale in merchant’s store); 3. 1133 (movables possessed through crime). 1. Action upon a written contract. 2. Actions upon obligations created by law (excluding
30 YEARS
DURING THE LIFETIME OF THE PARTIES INVOLVED
IMPRESCRIPTIBLE
quasi-contracts), e.g., under the Human Relations provisions 3. Actions upon a judgment, from the time the judgment became final. 4. In partition, actions among co-heirs to enforce warranty against eviction. 5. Mortgage action. 6. Actions for civil liability arising from conviction of a felony or crime 7. Accion Publiciana 8. Accion reivindicatoria, if claim is based on ordinary prescription 9. Actions for damages from collapse of building against engineer or architect 1. Real actions over immovables (but not foreclosure), without prejudice to the acquisition of ownership or real rights by acquisitive prescription. 2. Action to recover ownership over real property (accion reivindicatoria), if claim is based on extraordinary prescription. 1. Action for annulment of the marriage due to insanity of one spouse (during lifetime of either spouse) 2. Action to claim legitimacy of the child (during lifetime of child) 3. Action for acknowledgement or recognition of an illegitimate child (during lifetime of child or presumed parents, as the case may be) 4. Action for reduction of donations due to failure of the donor to reserve property for support (during lifetime of donor and relatives entitled to support) 5. Action for legal support (during lifetime of either party) 1. To demand a right of way 2. To bring an action to abate a public or private nuisance 3. To quiet title 4. To demand partition in co-ownership 5. To enforce an express trust 6. To probate a will 7. To declare an inexistent or void contract 8. To enforce a moral right under the Copyright Law 9. To recover possession of registered land under PD 1529, by the registered owner and hereditary successors
10. Use of easement by any one of co-owners of dominant estate prevents prescription with respect to the others 11. To bring an action to declare absolute nullity of marriage OTHER PERIODS 2 DAYS
3 DAYS
8 DAYS
15 DAYS
20 DAYS
An owner of a swarm of bees has two consecutive days to pursue the same, otherwise, he loses ownership over the same. If the animal should die within three days after its purchase, the vendor shall be liable if the disease which cause the death existed at the time of the contract. A found movable shall be sold at public auction eight days after publication of its finding if it cannot be kept without deterioration, or without expenses which considerably diminish its value. There is an implied new lease if at the end of the contract the lessee should continue enjoying the thing leased for 15 days with the acquiescence of the lessor, unless notice to the contrary is given by either party. 1. Life annuity shall be void if constituted upon the life of a person who was at that time suffering from an illness which caused his death within 20 days following said date. 2. An owner may claim his domesticated animals within 20 days from their occupation by another person, otherwise, he loses ownership over the same.
