To what this chapter does not apply.
SEC. 38. To what this chapter does not apply. — This chapter shall not apply to actions already commenced, or to cases wherein the right of action has already accrued; but the statutes in force when the action or right of action accrued shall be applicable to such cases according to the subject of the action and without regard to the form; nor shall this chapter apply in the case of a continuing and subsisting trust, nor to an action by the vendee of real property in possession thereof to obtain the conveyance of it: Provided, nevertheless, That all rights of action which have already accrued, except those named in the last preceding paragraph, must be vindicated by the commencement of an action or proceeding to enforce the same within ten years after this Act comes into effect.
Special limitations excepted.
SEC. 39. Special limitations excepted. — Civil actions can only be commenced within the periods prescribed in this chapter after the cause of action accrues; but where a different limitation is prescribed by this Code, that shall govern.
Period of prescription as to real estate.
SEC. 40. Period of prescription as to real estate. — An action for recovery of the title to, or possession of, real property, or an interest therein, can only be brought within ten years after the cause of such action accrues.
Title to land by prescription.
SEC. 41. Title to land by prescription. — Ten years actual adverse possession by any person claiming to be the owner for that time of any land or interest in land, uninterruptedly continued for ten years by occupancy, descent, grants, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to the persons under disabilities the rights secured by the next section. In order to constitute such title by prescription or adverse possession, the possession by the claimant or by the person under or through whom he claims must have been actual, open, public, continuous, under a claim of title exclusive of any other right and adverse to all other claimants. But failure to occupy or cultivate land solely by reason of war shall not be deemed to constitute an interruption of possession of the claimant, and his title by prescription shall be complete, if in other respects perfect, notwithstanding such failure to occupy or cultivate the land during the continuance of war.
Exceptions in favor of persons under disability.
SEC. 42. Exceptions in favor of persons under disability. — If a person entitled to bring the action mentioned in the preceding sections of this chapter is, at the time the cause of action accrues, within the age of minority, of unsound mind or in prison, such person may, after the expiration of ten years from the time the cause of action accrues, bring such action within three years after such disability is removed.
Other civil actions; how limited.
SEC. 43. Other civil actions; how limited. — Civil actions other than for the recovery of real property can only be brought within the following periods after the right of action accrues:
1. Within ten years: An action upon an agreement, contract, or promise in writing, or upon the judgment or decree of a court;
2. Within six years: An action upon a contract not in writing, whether such contract is express or implied, and an action upon a liability created by statute other than a forfeiture or penalty;
3. Within four years: An action for an injury to or trespass upon real estate. An action for the recovery of personal property. An action for the recovery of damages for taking, retaining, or injuring personal property. An action for injury to the person other than injuries resulting from assault, battery, or false imprisonment. An action for an injury to the rights of the plaintiff not arising on contract and not hereinafter enumerated. An action for relief on the ground of fraud, but the right of action in such case shall not be deemed to have accrued until the discovery of the fraud;
4. Within one year: An action for libel or slander, assault, battery, malicious prosecution, or false imprisonment. An action upon a statute, for a penalty or forfeiture; but where a different limitation is prescribed in the statute by which the remedy is given, the action must be brought within the period so limited.
For other relief.
SEC. 44. For other relief. — An action for relief not herein provided for can only be brought within ten years after the cause of action accrues.
Rights saved to certain persons.
SEC. 45. Rights saved to certain persons. — If a person entitled to bring any action mentioned in either of the two last preceding sections is, at the time the cause of action accrues, within the age of minority, of unsound mind, or in prison, such person may bring such action within two years after the disability is removed unless the right of action is one of those named in subdivision four of section forty-three, in which case it may be brought within one year after such disability is removed.
When action deemed commenced.
SEC. 46. When action deemed commenced. — An action shall be deemed commenced within the meaning of this chapter, as to each defendant, at the date of the filing of the complaint in court, but if an additional defendant is made after the commencement of the action, the action shall be deemed commenced within the meaning of this chapter, as to each defendant, at the date of the summons which is served on him.
As to absent persons.
SEC. 47. As to absent persons. — If, when a cause of action accrues against a person, he is out of the Philippine Islands, or has absconded or concealed himself, and has not known or visible property within the Islands; the period limited for the commencement of the action shall not begin to run until he comes into the Islands or while he is so absconded or concealed, or until he has known or visible property within the Islands; and if, after the cause of action accrues, he departs from the Philippine Islands, or absconds or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which time the cause of action should be brought.
If barred at place where cause of action arose, barred here.
SEC. 48. If barred at place where cause of action arose, barred here. — If, by the laws of the state or country where the cause of action arose, the action is barred, it is also barred in the Philippine Islands.
Saving in other cases.
SEC. 49. Saving in other cases. — If, in an action commenced, or attempted to be commenced, in due time, a judgment for the plaintiff be reversed, or if the plaintiff fail otherwise than upon the merits, and the time limited for the commencement of such action has, at the date of such reversal or failure, expired, the plaintiff, or, if he die and the cause of action survive, his representatives, may commence a new action within one year after such date, and this provision shall apply to any claim asserted in any pleading by a defendant.
What shall renew right of action.
SEC. 50. What shall renew right of action. — When payment has been made upon any demand founded upon contract, or a written acknowledgment thereof or a promise to pay the same has been made and signed by the party sought to be charged, an action may be brought thereon within the time herein limited, after such payment, acknowledgment, or promise.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
