- Statute
- Philippine Civil Code
- Article
- Art. 1108
- Topic
- General Provisions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE V PRESCRIPTION
- Chapter
- CHAPTER 1 General Provisions
- Formerly
- Art. 1932a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
Prescription, both acquisitive and extinctive, runs against minors and incapacitated persons who have representatives, absentees with administrators, persons living abroad with managers, and juridical persons. Having a legal representative does not stop the clock. It identifies who is not shielded from prescription.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Francisco Gonzalez Quiros v. Carlos Palanca Tan-Guinlay
- Jose S. Ramiscal, Jr. v. Commission On Audit
- Diego v. Fernando G.R. No. L-15128