Prescriptive Periods for Civil Cases in the Philippines
How long you have to sue: 10 years on a written contract, 6 on an oral one, 4 for a quasi-delict, 1 for ejectment or defamation, 5 if no law sets a period.
| Kind of civil case | Deadline to file | Counted from | Source |
|---|---|---|---|
| Upon a written contract, such as a written loan or a signed promissory note | 10 years (Art. 1144(1)) | The time the right of action accrues (for example, when the debt fell due and was not paid) | Civil Code, Article 1144, Supreme Court E-Library |
| Upon an obligation created by law | 10 years (Art. 1144(2)) | The time the right of action accrues | Civil Code, Article 1144, Supreme Court E-Library |
| Upon a judgment (to enforce a court decision by a new case) | 10 years (Art. 1144(3)) | The time the judgment became final (Art. 1152) | Civil Code, Articles 1144 and 1152, Supreme Court E-Library |
| Mortgage action | 10 years (Art. 1142) | The day the action may be brought (Art. 1150) | Civil Code, Articles 1142 and 1150, Supreme Court E-Library |
| Upon an oral (verbal) contract, such as a loan with no written document | 6 years (Art. 1145(1)) | The day the action may be brought (Art. 1150) | Civil Code, Article 1145, Supreme Court E-Library |
| Upon a quasi-contract, such as getting back money paid to someone by mistake (Art. 2154) | 6 years (Art. 1145(2)) | The day the action may be brought (Art. 1150) | Civil Code, Articles 1145 and 2154, Supreme Court E-Library |
| Upon an injury to the rights of the plaintiff | 4 years (Art. 1146(1)) | The day the action may be brought (Art. 1150) | Civil Code, Article 1146, Supreme Court E-Library |
| Upon a quasi-delict: damage caused by fault or negligence with no contract, such as a road accident | 4 years (Art. 1146(2)) | The day the action may be brought (Art. 1150) | Civil Code, Articles 1146 and 2176, Supreme Court E-Library |
| In the words of Art. 1146, second paragraph: "when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff" | "within one (1) year" (Art. 1146) | Not stated in the article; Art. 1150 counts from the day the action may be brought | Civil Code, Article 1146, Supreme Court E-Library |
| Annulment of a voidable contract (consent given by mistake, fraud, intimidation, violence or undue influence, or by a minor or incapacitated person) | 4 years (Art. 1391) | Intimidation, violence or undue influence: when it stops. Mistake or fraud: when it is discovered. Minors or incapacitated persons: when the guardianship ends | Civil Code, Articles 1390 and 1391, Supreme Court E-Library |
| Rescission of a rescissible contract listed in Art. 1381, such as a contract made in fraud of creditors who cannot collect in any other way | 4 years (Art. 1389) | The day the action may be brought (Art. 1150). For persons under guardianship and for absentees, the 4 years start only when the incapacity ends or the absentee's domicile becomes known | Civil Code, Articles 1381 and 1389, Supreme Court E-Library |
| Ejectment: forcible entry or unlawful detainer | 1 year (Art. 1147(1); Rules of Court, Rule 70, Sec. 1) | The unlawful deprivation or withholding of possession. The Supreme Court has said: from actual entry for forcible entry, and from the last demand for unlawful detainer | Rules of Court, Rule 70, Section 1, Supreme Court E-Library |
| Defamation (civil case for damages) | 1 year (Art. 1147(2)) | The day the action may be brought (Art. 1150) | Civil Code, Article 1147, Supreme Court E-Library |
| Hidden defects in a thing sold (to return it or get a lower price) | 6 months (Art. 1571) | The delivery of the thing sold | Civil Code, Article 1571, Supreme Court E-Library |
| Recovery of movable things (personal property such as a vehicle, an appliance or jewelry) | 8 years (Art. 1140), unless the possessor already became owner by prescription in a shorter time | The time possession was lost | Civil Code, Article 1140, Supreme Court E-Library |
| Real actions over immovables (land and buildings) | 30 years (Art. 1141), without prejudice to the rules on acquiring ownership by prescription | The day the action may be brought (Art. 1150) | Civil Code, Article 1141, Supreme Court E-Library |
| To demand a right of way, or to abate (stop) a public or private nuisance | No deadline: these rights are "not extinguished by prescription" (Art. 1143). "Lapse of time cannot legalize any nuisance" (Art. 698) | Not applicable | Civil Code, Articles 698 and 1143, Supreme Court E-Library |
| Any other civil action whose period is not fixed in the Civil Code or in other laws | 5 years (Art. 1149) | The time the right of action accrues | Civil Code, Article 1149, Supreme Court E-Library |
Notes
- When the deadline passes, the case "prescribes": the other side can ask the court to dismiss it for that reason. Article 1139: "Actions prescribe by the mere lapse of time fixed by law."
- The clock stops (it is "interrupted") in three cases under Article 1155: when the case is filed in court, when the creditor makes a written demand outside court, and when the debtor acknowledges the debt in writing. The demand and the acknowledgment must be written.
- Filing a complaint at the barangay also interrupts the periods, but for no more than 60 days from the filing with the punong barangay. The periods resume when the complainant receives the certification to file action or the certificate of repudiation (Local Government Code, Sec. 410(c), E-Library). See Barangay conciliation timeline and certificate to file action.
- Other rules on counting: for a loan with interest, the period runs from the last payment of interest (Article 1151). Time when the creditor was prevented by a fortuitous event from enforcing the right is not counted against him (Article 1154).
- The Civil Code periods are "without prejudice" to periods in other parts of the Code, the Code of Commerce and special laws (Article 1148). Labor money claims, for example, have their own rule: see Deadline for labor money claims. Crimes have separate periods: see Prescription of crimes.
- The 1-year ejectment period follows the Supreme Court's reading of Rule 70 in Valdez v. Court of Appeals (2006): it runs from the date of actual entry in forcible entry and from the date of the last demand in unlawful detainer (E-Library). See Forcible entry vs unlawful detainer and How to evict a tenant.
- Made-up example: Elena lent Rey money under a written loan that fell due on 15 January 2020. She has 10 years to sue (Article 1144). If she sends Rey a written demand letter, prescription is interrupted (Article 1155). If Rey signs a letter saying he still owes her, that is a written acknowledgment and also interrupts it.
- Made-up example: Jun lent his cousin money by word of mouth, to be paid back in 2018. He never demanded payment in writing, and the cousin never acknowledged the debt in writing. An oral contract has 6 years (Article 1145), so the case was likely already prescribed in 2024, and the cousin can raise prescription as a defense. See How many years to collect a debt.
- Made-up example: Gina bought a second-hand refrigerator that stopped cooling after two weeks because of a hidden crack. She has 6 months from delivery to sue (Article 1571). See Hidden defects: can you get a refund?
- Whether a case has prescribed often depends on exact dates and documents. For help with your own situation, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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