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:

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

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)
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

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.
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

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.
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.
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

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.
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.
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.
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

Invoking Exceptions:
- Argue for the application of a longer prescriptive period under special laws or criminal statutes.
- Claim latent or continuing damages if applicable.
Equitable Tolling:
- Raise issues of equity, such as fraud, concealment, or duress, which may toll the prescriptive period.
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.

CIVIL LAW > IX. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS > C. Different Modes of Acquiring Ownership > 4. Prescription

Definition of Prescription

Prescription is a mode of acquiring ownership or other real rights over property through the continuous and uninterrupted possession of the property for the period fixed by law. It can also refer to the loss of rights due to inaction or neglect over a certain period.

Legal Basis

The Civil Code of the Philippines governs prescription under Articles 1106 to 1155.

Classification of Prescription

Acquisitive Prescription (Usucapion):
- Refers to the acquisition of ownership or real rights through possession.
- Further classified as:
  - Ordinary Acquisitive Prescription
  - Extraordinary Acquisitive Prescription
Extinctive Prescription:
- Refers to the loss of a right or the bar of an action due to the lapse of time.
- It prevents claims, actions, or rights from being enforced after the prescriptive period.

Requisites for Acquisitive Prescription

Object of Prescription:
- The property must be susceptible to prescription.
- Public property, except patrimonial property of the State, is not subject to acquisitive prescription (Article 1113).
Possession:
- Possession must be in the concept of an owner (not merely as a lessee, usufructuary, or caretaker).
- Possession must be:
  - Actual
  - Peaceful
  - Public
  - Continuous
  - Uninterrupted
Lapse of the Prescriptive Period:
- The time required depends on the type of possession (with or without just title and good faith).

Ordinary Acquisitive Prescription

Requisites:
- Just title.
- Good faith.
- Possession for:
  - 10 years for immovable property.
  - 4 years for movable property.
- Just Title: A juridical act or document that is valid but insufficient to transfer ownership.
Good Faith:
- Refers to the reasonable belief that the possessor owns the property without any defect or flaw in the title.

Extraordinary Acquisitive Prescription

Requisites:
- No need for just title or good faith.
- Possession for:
  - 30 years for immovable property.
  - 8 years for movable property.
- Applicable even if possession started in bad faith.

Requisites for Extinctive Prescription

Susceptibility:
- The right must be susceptible to prescription.
- Non-prescribable rights include state claims, rights of spouses, and family relations.
Lapse of Prescriptive Period:
- The period varies depending on the action:
  - 1 year: Action to recover movable property or damages for injury caused by negligence.
  - 4 years: Actions involving fraud.
  - 5 years: Actions to enforce judgments.
  - 10 years: Actions for obligations not covered by a specific prescriptive period.
- In the case of real property rights, the period is generally 30 years.
No Legal Interruption:
- Legal interruption occurs when a judicial demand or extrajudicial claim is made before the expiration of the prescriptive period.
- Interruption resets the prescriptive period.

Interruption and Suspension of Prescription

Interruption:
- Judicial summons or acknowledgment by the debtor interrupts the period (Article 1155).
- Possession becomes interrupted by physical or legal acts that prevent its continuity.
Suspension:
- Prescription does not run in certain instances:
  - Between spouses during marriage.
  - Between parents and children during minority or incapacity.
  - Between co-owners (until partition is made).

Rules on Prescription of Public Lands

Public land is generally non-prescribable unless classified as patrimonial property.
A person may acquire rights over public land through adverse possession for 30 years if classified as disposable or alienable land of the public domain.

Key Jurisprudence

Heirs of Malabanan v. Republic (G.R. No. 179987, 2009):
- Clarifies that prescription does not run against the State unless the property is alienable and disposable.
Republic v. Court of Appeals (G.R. No. 108734, 1996):
- Distinguished between patrimonial and public property for purposes of prescription.

Important Provisions from the Civil Code

Article 1106: Prescription applies to actions and rights subject to modification by law.
Article 1113: Public property is not subject to prescription unless classified as patrimonial.
Articles 1117-1127: Discuss specific rules for acquisitive prescription.
Articles 1139-1155: Address extinctive prescription, including special rules for various actions.

Exceptions to Prescription

Property classified as:
- Inalienable or outside the commerce of man.
- Owned by religious organizations (if dedicated for worship).
Rights barred by public policy, such as human rights violations or environmental claims.

By adhering to the above requisites and conditions, prescription becomes a vital tool in the legal framework for both the acquisition and extinguishment of rights.

Prescription | Defenses | QUASI-DELICTS