Prescription | Defenses | QUASI-DELICTS

CIVIL LAW > XI. QUASI-DELICTS > E. Defenses > 7. Prescription

Prescription as a Defense in Quasi-Delicts

Under Philippine law, particularly in quasi-delict cases, the defense of prescription is a critical issue that determines whether a claim can be entertained by the court. Prescription refers to the lapse of a specific period of time within which a claimant must file an action. If the period lapses, the claim is barred, and the alleged wrongdoer can invoke this as a defense to avoid liability.

I. Governing Law on Prescription

The rules on prescription in quasi-delicts are primarily found in:

  1. Civil Code of the Philippines (Republic Act No. 386):

    • Article 1146(2): The general rule is that actions arising from quasi-delicts prescribe in four (4) years.
    • Article 2176: Defines quasi-delicts as acts or omissions causing damage to another, with fault or negligence as the basis of liability.

  2. Article 1139: Prescription begins from the moment the cause of action accrues, meaning when the plaintiff has the right to file the claim.

  3. Special Laws, if applicable: Certain statutes may prescribe specific periods for particular causes of action, overriding the general rules under the Civil Code.

II. Computation of the Prescriptive Period

The four-year prescriptive period is computed as follows:

  1. Starting Point: Prescription begins to run from the time the injured party knows or should have known of the act or omission that caused the injury.
    • Jurisprudence: In cases where the damage or injury is not immediately apparent, the period begins when the injured party first became aware of the injury or its cause. (e.g., Consolidated Bank v. CA, G.R. No. 119024)
  2. Interruption or Suspension:
    • Filing of the Complaint: Prescription is interrupted when a case is filed in court.
    • Acknowledgment of Liability: Acts of acknowledgment by the defendant can suspend the running of the prescriptive period.
    • Force Majeure or Legal Impediment: Situations beyond the control of the claimant that prevent the filing of the action may toll the period.

III. Exceptions to the Four-Year Rule

  1. Acts Covered by Other Prescriptive Periods:

    • If the act giving rise to the claim is a crime punishable by a longer prescription period under criminal law, the longer period may apply.
      • Example: If the negligent act constitutes reckless imprudence resulting in homicide, the prescriptive period under criminal law (e.g., 20 years under Article 90 of the Revised Penal Code) may apply.
    • Contractual obligations related to quasi-delicts may prescribe under a different period, such as ten years under Article 1144(2) of the Civil Code for written contracts.

  2. Latent or Continuing Damages:

    • If the harm or injury is latent or the damage is continuing in nature, courts may hold that prescription begins only when the harm becomes apparent or ceases to accrue.

IV. Jurisprudential Principles

  1. Knowledge of the Cause of Action is Key:

    • In Gomez v. Palomar (G.R. No. L-23645), the Supreme Court emphasized that prescription does not run until the injured party knows or should have known of the damage and its cause.

  2. Quasi-Delicts Distinguished from Contracts:

    • The prescriptive period in quasi-delicts is different from breach of contract actions. When an act arises from negligence but has a contractual basis, the claimant must distinguish whether to proceed as a quasi-delict or a breach of contract claim.

  3. Public Policy Considerations:

    • Prescription balances the interests of claimants in seeking redress for wrongs and the interests of defendants in having certainty and finality after a lapse of time.

V. Strategy in Raising Prescription as a Defense

  1. Plead as an Affirmative Defense:

    • The defense of prescription must be specifically alleged in the answer to the complaint as it is considered a waivable defense under Rule 9, Section 1 of the Rules of Court.

  2. Factual Basis for Prescription:

    • The defendant must prove:
      • The date the cause of action accrued.
      • That the action was filed beyond the four-year period.

  3. Countering Claims of Interruption:

    • Challenge any alleged interruptions by showing:
      • Absence of acknowledgment of liability.
      • Filing of the complaint was not within the required timeframe.

  4. Utilize Judicial Notice:

    • If the complaint itself alleges facts showing that the claim is barred by prescription, a motion to dismiss may be filed immediately under Rule 16.

VI. Remedies for the Plaintiff to Overcome Prescription

  1. Invoking Exceptions:

    • Argue for the application of a longer prescriptive period under special laws or criminal statutes.
    • Claim latent or continuing damages if applicable.

  2. Equitable Tolling:

    • Raise issues of equity, such as fraud, concealment, or duress, which may toll the prescriptive period.

  3. Errors in Computation:

    • Assert that the prescription was interrupted or never began due to lack of actual knowledge of the injury or its cause.

VII. Conclusion

Prescription is a robust defense in quasi-delict cases. Defendants should meticulously establish when the cause of action accrued and whether the action was filed within the allowable period. Plaintiffs, on the other hand, must be vigilant in timely filing their claims and prepared to counter any assertions that the claim has prescribed. Courts will weigh not only the statutory period but also equitable considerations to ensure justice is served.

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