Civil Code Art. 1114: General Provisions

Statute: Civil Code
Article: Art. 1114
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. 1937 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

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)

Intellegal Wiki · In plain terms

Creditors and anyone else who stands to benefit from a prescription (a time bar running in someone's favor) may invoke it even if the debtor or owner has expressly or silently given up the right to do so. This shields interested third parties from being prejudiced by the debtor's own decision to waive the defense.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

In Re Estate of the Deceased Victoriana Saavedra. Macario Macrohon Ong Ham v. Juan Saavedra G.R. No. 27531
Jose Vaca v. Manuel Kosca G.R. No. 8394

Related provisions in this Chapter

Civil Code, Art. 1113 General Provisions
Civil Code, Art. 1112 General Provisions
Civil Code, Art. 1116 General Provisions
Civil Code, Art. 1109 General Provisions
Civil Code, Art. 1108 General Provisions
Civil Code, Art. 1107 General Provisions

Civil Code, Art. 1114 is found in CHAPTER 1 General Provisions of TITLE V PRESCRIPTION of BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.