- Statute
- Civil Code
- Article
- Art. 1140
- Topic
- Prescription of Actions
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE V PRESCRIPTION
- Chapter
- CHAPTER 3 Prescription of Actions
- Formerly
- Art. 1962a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
A suit to recover movable (personal) property must be brought within eight years from when possession was lost. This limit does not apply if the current holder has already acquired ownership through a shorter prescriptive period, and it yields to other rules protecting good-faith acquirers.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Calatagan Golf Club v. Sixto Clemente, Jr., the Supreme Court held: The Corporation Code's rule on unpaid stock subscriptions does not govern membership dues of fully paid shares; an action to recover such shares prescribes in eight years (Article 1140), and a club that acts in bad faith in giving notice is liable in damages.
One leading Supreme Court case applying this provision.
Cases applying this article
- Calatagan Golf Club v. Sixto Clemente, Jr. G.R. No. 165443
- National Development Co. v. Hon. Court of Appeals G.R. No. 98467
- Vicente T. Tan v. The Honorable Court of Appeals (Former Special First Division) G.R. No. 90365
- Sps. Raymundo & Marilyn Calo v. Spouses Reynaldo & Lydia Tan G.R. No. 151266