OBLIGATION AND CONTRACTS

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 yearsExtraordinary prescription : 30 years

Movables / Personal PropertiesOrdinary prescription : 8 yearsExtraordinary 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 PERIODCause of Action Prescription Reckoning

Nullity of marriage imprescriptible -Reconveyance - if resulting from fraud - Torrens title obtained in: - bad faith - passed to innocent buyer

10 years 4 years

ImprescriptibleImprescriptible

From the issuance of title.From discovery of fraud

--

Nullity of a void judgment imprescriptible -Ordinary Acquisitive Prescription: - immovables - movables 10 years

4 yearsExtraordinary Prescription

          immovables          movables

30 8 years

Nullity of Falsified Deed of Sale imprescriptible -Torrens Titles Imprescriptible but may

lose ownership thru latchesLATCHES – unreasonable delay to bring cause of action.

Right to seek partition of land when co-ownership is recognized

ImprescriptibleException: when co-owner repudiates the ownership, action prescribes in ______.

Not barred by latches

Ejectment 1 year -Against Administrative offenses imprescriptible -Probate of will imprescriptibleDeportation of alien 5 years From date the cause of deportation

aroseRecovery of purchase price 2 yrs From the date of saleRefund of tax 2 yrs From the date of tax assessmentClaim for payment 10 yrsRevocation of donation for non-compliance of conditions stipulated;

Reduction of donation based on birth, appearance, or adoption of a child

Revocation of donation based on ingratitude

4 years

4 years

1 year From time the donor has knowledge of the fact.

Mortgage Action 10 years(properties with Torrens title may be foreclosed since right to mortgage can prescribe, for what does not prescribe is the ownership of the land)

The moment surety company pays the bond

Demand for right of way imprescriptible