- Statute
- Civil Code
- Article
- Art. 1142
- 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. 1964a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
A mortgage action prescribes after ten years. (1964a)
Intellegal Wiki · In plain terms
Sets a ten-year prescriptive period for a mortgage action: the creditor must enforce the mortgage in court within ten years, after which the right to sue on it is barred by prescription.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Irene Benedicto v. Court of Appeals, the Supreme Court held: Dismissed the petition and affirmed the CA, holding that both the mortgage-foreclosure action and the underlying debt had prescribed under the 10-year period of Article 1142 (mortgage executed in 1966, partition filed in 1977); with no valid outstanding debt, partition could properly proceed under Article 1078.
One leading Supreme Court case applying this provision.
Cases applying this article
- Irene Benedicto v. Court of Appeals G.R. No. 81344
- Maxima P. Saclolo v. Romeo Marquito G.R. No. 229243
- Development Bank of the Philippines v. Spouses Rufo Tomeldan G.R. No. 51269
- Spouses Flavio P. Bautista v. Premiere Development Bank G.R. No. 201881
- B & I Realty Co. v. Teodoro Caspe G.R. No. 146972
- Valentina A. Nuñez v. Gsis Family Bank (Formerly Comsavings Bank) G.R. No. 163988
- Sps. Salustiano Oca v. Court of Appeals G.R. No. 84841
- Sheriff Albert A. Dela Cruz of the Sandiganbayan Security v. Wellex Group G.R. No. 247439
Other Supreme Court decisions also apply this article.