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C. Prescription or Limitation of Actions

1. To recover movables

a. THE 8-YEAR PRESCRIPTION

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.(Article 1140, Civil Code)

2. To recover immovables

a. THE 1-YEAR PRESCRIPTION

The following actions must be filed within one year:

1) For forcible entry and detainer; and

2) For defamation. (Article 1147, Ibid.)

b. THE 10-YEAR PRESCRIPTION

A mortgage action prescribes after ten years. (Article 1142, Ibid.)

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. (Article 1144, Ibid.)

c. THE 30-YEAR PRESCRIPTION

Real actions over immovables prescribe after thirty years.(Article 1141, Ibid.)

The above provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription. (Paragraph 2, Article 1141, Ibid.)

3. Other actions

a. THE 4-YEAR PRESCRIPTION

The following actions must be instituted within four years:

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

2) Upon a quasi-delict.(Article 1146, Ibid.)

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.(Paragraph 2, Article 1146, Ibid.)

b. THE 5-YEAR PRESCRIPTION, AS DEFAULT OR IF UNSPECIFIED BY LAW

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. (Article 1149, Ibid.)

The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. (Article 1150, Ibid.)

The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. (Article 1151, Ibid.)

The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final. (Article 1152, Ibid.)

The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions.(Article 1153, Ibid.)

The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties. (Paragraph 2, Article 1153, Ibid.)

The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him.(Article 1154, Ibid.)

c. THE 6-YEAR PRESCRIPTION

The following actions must be commenced within six years:

1) Upon an oral contract;

2) Upon a quasi-contract. (Article 1145, Ibid.)

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