7. Prescription

Prescription Of Actions

Mode of losing rights and actions by mere lapse of time fixed by law.

Prescription

These actions generally must be instituted within four years. However, an action arising from or out of any act, activity, or conduct of a public officer involving the exercise of powers or authority arising from Martial Law must be brought within one year. (Art. 1146, NCC, as amended by PD No. 1755)

• Upon an injury to the rights of the plaintiff;
• Upon a quasi-delict (Art. 1146, NCC)

NOTE: Prescription should be raised as an affirmative defense in the answer. (Rule 6, Sec. 5(b), Rules of Civil Procedure)

GR: Even if prescription was not raised, the court shall dismiss the claim when the pleadings or evidence on record show that it is barred by prescription. (Rule 9, Sec. 1, Rules of Civil Procedure)

XPN: Dismissal on this ground requires that prescription appear from the pleadings or evidence on record. (MR v. Ericta, G.R. No. L-41767, 23 Aug. 1978)

Prescriptive Period

An action upon a written contract must generally be instituted within ten years from the time the right of action accrues (Civil Code, Arts. 1144(1) and 1150).

Causes of extinction of action to annul

• Prescription – the action for annulment must be commenced within 4 years depending on the ground stated.

NOTE: If the action has prescribed, the contract can no longer be set aside. (Villanueva v. Villanueva, 91 Phil 43)

• Ratification – cleanses the contract of its defects from the moment it was constituted. (NCC, Art. 1396)
• By loss of the thing which is the object of the contract through fraud or fault of the person who is entitled to annul the contract. (NCC, Art. 1401)
• If the minor is guilty of active misrepresentation of his age. (Braganza v. De Villa Abrille, 1959)

NOTE: If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless it took place through the fraud or fault of the plaintiff. (NCC, Art. 1401)