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The warranty of the solvency of the debtor can only be enforced during the five years following the partition.

Co-heirs do not warrant bad debts, if so known to, and accepted by, the distributee. But if such debts are not
assigned to a co-heir, and should be collected, in whole or in part, the amount collected shall be distributed
proportionately among the heirs. (1072a)

Article 1096. The obligation of warranty among co-heirs shall cease in the following cases:

(1) When the testator himself has made the partition, unless it appears, or it may be reasonably presumed,
that his intention was otherwise, but the legitime shall always remain unimpaired;

(2) When it has been so expressly stipulated in the agreement of partition, unless there has been bad faith;

(3) When the eviction is due to a cause subsequent to the partition, or has been caused by the fault of the
distributee of the property. (1070a)

SUBSECTION 3. Rescission and Nullity of Partition

Article 1097. A partition may be rescinded or annulled for the same causes as contracts. (1073a)

Article 1098. A partition, judicial or extra-judicial, may also be rescinded on account of lesion, when any one of the
co-heirs received things whose value is less, by at least one-fourth, than the share to which he is entitled,
considering the value of the things at the time they were adjudicated. (1074a)

Article 1099. The partition made by the testator cannot be impugned on the ground of lesion, except when the
legitime of the compulsory heirs is thereby prejudiced, or when it appears or may reasonably be presumed, that the
intention of the testator was otherwise. (1075)

Article 1100. The action for rescission on account of lesion shall prescribe after four years from the time the partition
was made. (1076)

Article 1101. The heir who is sued shall have the option of indemnifying the plaintiff for the loss, or consenting to a
new partition.

Indemnity may be made by payment in cash or by the delivery of a thing of the same kind and quality as that
awarded to the plaintiff.

If a new partition is made, it shall affect neither those who have not been prejudiced nor those have not received
more than their just share. (1077a)

Article 1102. An heir who has alienated the whole or a considerable part of the real property adjudicated to him
cannot maintain an action for rescission on the ground of lesion, but he shall have a right to be indemnified in cash.
(1078a)

Article 1103. The omission of one or more objects or securities of the inheritance shall not cause the rescission of
the partition on the ground of lesion, but the partition shall be completed by the distribution of the objects or
securities which have been omitted. (1079a)

Article 1104. A partition made with preterition of any of the compulsory heirs shall not be rescinded, unless it be
proved that there was bad faith or fraud on the part of the other persons interested; but the latter shall be
proportionately obliged to pay to the person omitted the share which belongs to him. (1080)

Article 1105. A partition which includes a person believed to be an heir, but who is not, shall be void only with
respect to such person. (1081a)

TITLE V
PRESCRIPTION

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CHAPTER 1
General Provisions

Article 1106. By prescription, one acquires ownership and other real rights through the lapse of time in the manner
and under the conditions laid down by law.

In the same way, rights and conditions are lost by prescription. (1930a)

Article 1107. Persons who are capable of acquiring property or rights by the other legal modes may acquire the
same by means of prescription.

Minors and other incapacitated persons may acquire property or rights by prescription, either personally or through
their parents, guardians or legal representatives. (1931a)

Article 1108. Prescription, both acquisitive and extinctive, runs against:

(1) Minors and other incapacitated persons who have parents, guardians or other legal representatives;

(2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by
the courts;

(3) Persons living abroad, who have managers or administrators;

(4) Juridical persons, except the State and its subdivisions.

Persons who are disqualified from administering their property have a right to claim damages from their legal
representatives whose negligence has been the cause of prescription. (1932a)

Article 1109. Prescription does not run between husband and wife, even though there be a separation of property
agreed upon in the marriage settlements or by judicial decree.

Neither does prescription run between parents and children, during the minority or insanity of the latter, and between
guardian and ward during the continuance of the guardianship. (n)

Article 1110. Prescription, acquisitive and extinctive, runs in favor of, or against a married woman. (n)

Article 1111. Prescription obtained by a co-proprietor or a co-owner shall benefit the others. (1933)

Article 1112. Persons with capacity to alienate property may renounce prescription already obtained, but not the
right to prescribe in the future.

Prescription is deemed to have been tacitly renounced when the renunciation results from acts which imply the
abandonment of the right acquired. (1935)

Article 1113. All things which are within the commerce of men are susceptible of prescription, unless otherwise
provided. Property of the State or any of its subdivisions not patrimonial in character shall not be the object of
prescription. (1936a)

Article 1114. Creditors and all other persons interested in making the prescription effective may avail themselves
thereof notwithstanding the express or tacit renunciation by the debtor or proprietor. (1937)

Article 1115. The provisions of the present Title are understood to be without prejudice to what in this Code or in
special laws is established with respect to specific cases of prescription. (1938)

Article 1116. Prescription already running before the effectivity of this Code shall be governed by laws previously in
force; but if since the time this Code took effect the entire period herein required for prescription should elapse, the
present Code shall be applicable, even though by the former laws a longer period might be required. (1939)

CHAPTER 2
Prescription of Ownership and Other Real Rights

Article 1117. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary.
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Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by
law. (1940a)

Article 1118. Possession has to be in the concept of an owner, public, peaceful and uninterrupted. (1941)

Article 1119. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not
be available for the purposes of possession. (1942)

Article 1120. Possession is interrupted for the purposes of prescription, naturally or civilly. (1943)

Article 1121. Possession is naturally interrupted when through any cause it should cease for more than one year.

The old possession is not revived if a new possession should be exercised by the same adverse claimant. (1944a)

Article 1122. If the natural interruption is for only one year or less, the time elapsed shall be counted in favor of the
prescription. (n)

Article 1123. Civil interruption is produced by judicial summons to the possessor. (1945a)

Article 1124. Judicial summons shall be deemed not to have been issued and shall not give rise to interruption:

(1) If it should be void for lack of legal solemnities;

(2) If the plaintiff should desist from the complaint or should allow the proceedings to lapse;

(3) If the possessor should be absolved from the complaint.

In all these cases, the period of the interruption shall be counted for the prescription. (1946a)

Article 1125. Any express or tacit recognition which the possessor may make of the owner's right also interrupts
possession. (1948)

Article 1126. Against a title recorded in the Registry of Property, ordinary prescription of ownership or real rights
shall not take place to the prejudice of a third person, except in virtue of another title also recorded; and the time
shall begin to run from the recording of the latter.

As to lands registered under the Land Registration Act, the provisions of that special law shall govern. (1949a)

Article 1127. The good faith of the possessor consists in the reasonable belief that the person from whom he
received the thing was the owner thereof, and could transmit his ownership. (1950a)

Article 1128. The conditions of good faith required for possession in articles 526, 527, 528, and 529 of this Code are
likewise necessary for the determination of good faith in the prescription of ownership and other real rights. (1951)

Article 1129. For the purposes of prescription, there is just title when the adverse claimant came into possession of
the property through one of the modes recognized by law for the acquisition of ownership or other real rights, but the
grantor was not the owner or could not transmit any right. (n)

Article 1130. The title for prescription must be true and valid. (1953)

Article 1131. For the purposes of prescription, just title must be proved; it is never presumed. (1954a)

Article 1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith.

The ownership of personal property also prescribes through uninterrupted possession for eight years, without need
of any other condition.

With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived, as
well as with respect to movables acquired in a public sale, fair, or market, or from a merchant's store the provisions
of articles 559 and 1505 of this Code shall be observed. (1955a)

Article 1133. Movables possessed through a crime can never be acquired through prescription by the offender.
(1956a)

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Article 1134. Ownership and other real rights over immovable property are acquired by ordinary prescription through
possession of ten years. (1957a)

Article 1135. In case the adverse claimant possesses by mistake an area greater, or less than that expressed in his
title, prescription shall be based on the possession. (n)

Article 1136. Possession in wartime, when the civil courts are not open, shall not be counted in favor of the adverse
claimant. (n)

Article 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. (1959a)

Article 1138. In the computation of time necessary for prescription the following rules shall be observed:

(1) The present possessor may complete the period necessary for prescription by tacking his possession to
that of his grantor or predecessor in interest;

(2) It is presumed that the present possessor who was also the possessor at a previous time, has continued to
be in possession during the intervening time, unless there is proof to the contrary;

(3) The first day shall be excluded and the last day included. (1960a)

CHAPTER 3
Prescription of Actions

Article 1139. Actions prescribe by the mere lapse of time fixed by law. (1961)

Article 1140. Actions to recover movables shall prescribe eight years from the time the possession thereof is lost,
unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132, and
without prejudice to the provisions of articles 559, 1505, and 1133. (1962a)

Article 1141. Real actions 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. (1963)

Article 1142. A mortgage action prescribes after ten years. (1964a)

Article 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by
prescription:

(1) To demand a right of way, regulated in article 649;

(2) To bring an action to abate a public or private nuisance. (n)

Article 1144. The following actions must be brought within ten years from the time the right of action accrues:

(1) Upon a written contract;

(2) Upon an obligation created by law;

(3) Upon a judgment. (n)

Article 1145. The following actions must be commenced within six years:

(1) Upon an oral contract;

(2) Upon a quasi-contract. (n)

Article 1146. The following actions must be instituted within four years:

(1) Upon an injury to the rights of the plaintiff;

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(2) Upon a quasi-delict;

However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise
of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same
must be brought within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.)

Article 1147. The following actions must be filed within one year:

(1) For forcible entry and detainer;

(2) For defamation. (n)

Article 1148. The limitations of action mentioned in articles 1140 to 1142, and 1144 to 1147 are without prejudice to
those specified in other parts of this Code, in the Code of Commerce, and in special laws. (n)

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

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