OBLIGATIONS AND CONTRACTS STUDY GUIDE & SCHEDULE

09 Jan. 2017 - MONDAY : Arts. 1139 1155

o Extinctive Prescriptions

10 Jan. 2017 - TUESDAY : Arts. 1156 1166

o Gen. Provisions on Obligations; Sources
o Kinds of Prestations
o Nature & Effect of Obligation to Give or
Deliver

16 Jan. 2017 - MONDAY : Arts. 1167 1169

o Nature and Effect of Obligations to Do or
Not to Do;
o Effects of Delay in Obligations to Give, to
Do

17 Jan. 2017 - TUESDAY : Arts. 1170 1174

o Grounds for Damages in the Performance
of Obligations
o Rule for Fortuitous Events; Exceptions

23 Jan. 2017 - MONDAY : Arts. 1175 1178

1138: possession begins in gf then bf- the basis will be

extraordinary prescription but the previous possession will be
counted to give value to the possession in good faith.
Proportionally, in real property the ratio is 1:3 while personal
property is 1:2 (real property- every three years in good faith, it
will be given value as in 1 year in good faith possession. As to
personal property- two year good faith is equivalent to one year
good faith possession)

if the predecessor was in bad faith. It does not automatically

follow that the successor was also in bad faith, the successor
maybe in good faith. However the successor can count only his
period of possession in good faith from the death of the
decedents.

MONDAY 09 JAN. LESSON PLAN:

A. Discuss Answers to Open Book Exam on Computation of
Acquisitive Prescription
B. Graded Recitation re Extinctive Prescription: ARTS. 1139
1155

QUESTION & ANSWER : ARTS. 1139 1155

1. How do actions prescribe as a gen. rule? (Art. 1139)

 by the mere lapse of time fixed by law

2. When does the time for prescription of action starts to run? (Arts. 1150 1153)

from the day they may be brought.except if there is a special provision that
ordains otherwise.
enforcement of obligations to pay principal with interest or annuity runs from
the last payment of the annuity or of the interest.
actions to demand the fulfillment of obligations declared by a judgment
commences from the time the judgment became final
3. When is running of the time for prescription of actions deemed interrupted under
Art. 1155 ?
a. When they are filed before the court.
b. When there is a written extrajudicial demand by the creditors
c. When there is any written acknowledgment of the debt by the debtor. (Art.
1155)
4. Will running of the time for prescription be counted in case of fortuitous event?
The period during which the obligee was prevented by a fortuitous event from
enforcing his right is not reckoned against him.

5. What are the actions that must be filed within one year, otherwise they will prescribe?
The following actions must be filed within one year:
a. For forcible entry and detainer;
b. For defamation.
6. What are the actions must be instituted within four years, otherwise they will prescribe?
Art. 1146. The following actions must be instituted within four years:
a. Upon an injury to the rights of the plaintiff;
b. Upon a quasi-delict.
7. If the periods are not fixed in the Civil Code or in other laws, when must these actions be
brought?
Any other action whose period has not been fixed in the Civil Code or in other
laws, to be counted from the time the right of action accrues.

1149. All other actions whose periods are not fixed in this Code or in other laws
must be brought within 5 years from the time the right of action accrues.

8. What are the actions that must be filed within six years, otherwise they will prescribe?
The following actions must be commenced within six years:
a. Upon an oral contract;
b. Upon a quasi-contract.

9. What is period required to file an action to recover personal or movable properties?

Exception?
Actions to recover movables shall prescribe eight years from the time the
possession thereof is lost,
Except the possessor had acquired the ownership by prescription for a less
period,
Art. 1132. The ownership of movables prescribes through uninterrupted
possession for four years in good faith
 Art. 1133. Movables possessed through a crime can never be acquired
through prescription by the offender.
Article 559. The possession of movable property acquired in good faith is
equivalent to title. Nevertheless, one who haslost any movable or has been
unlawfully deprived thereof, may recover it from the person in possession
of the same.If the possessor of a movable lost or of which the owner has
been unlawfully deprived, has acquired it in good faith at a public sale, the
owner cannot obtain its return without reimbursing the price paid therefor.
Article 1505. Subject to the provisions of this Title, where goods are sold by
a person who is not the owner thereof, and who does not sell them under
authority or with the consent of the owner, the buyer acquires no better title
to the goods than the seller had, unless the owner of the goods is by his
conduct precluded from denying the sellers authority to sell.
10. What are the actions that must be brought within TEN years from the time the right of
action accrues, otherwise they will prescribe?
Article 1142. A mortgage action prescribes after ten years.
Art. 1144. The following actions must be brought within ten years from the time
the right of action accrues:
a. Upon a written contract;
b. Upon an obligation created by law;
c. Upon a judgment.
11. What action will prescribe if not filed within 30 years ?
Art. 1137. Ownership and other real rights over immovables also prescribe
through uninterrupted adverse possession thereof for thirty years, without
need of title or of good faith.
Art. 1141. Real action over immovables prescribe after thirty years.
This provision is without prejudice to what is established for the acquisition
of ownership and other real rights by prescription.
12. What are the 2 actions that do not prescribe under Art. 1143 ?
Article 1143. The following rights, among others specified elsewhere in this
Code, are not extinguished by prescription:
a. To demand a right of way, regulated in Article 649;
b. To bring an action to abate a public or private nuisance.

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