Does an action to quiet title prescribe in the Philippines?

Answer

If the plaintiff is in possession of the property, an action to quiet title does not prescribe. A person in possession may wait until his possession is disturbed or his title is attacked before bringing suit, because his continuing possession gives him a subsisting right to seek the aid of the courts to determine the nature of the adverse claim and its effect on his own title.

The rule is different where the plaintiff is not in possession. In that case the action may prescribe, and the period is tied to the action to recover possession or ownership of the property — generally ten or thirty years, depending on the basis. Possession is therefore decisive to whether the action is imprescriptible.

Sources & further reading

• Civil Code Art. 476 — quieting of title
• Full report: quieting of title

Cases on this topic

• Eland Philippines v. Garcia
• Gatmaytan v. Misibis Land
• Luz v. Luz
• Tagaytay v. Urban Property
• Tiro v. Philippine Estates

Related questions

• What are the requisites of an action to quiet title in the Philippines?