Article 1108
ELI5— what this means for you
Prescription must be expressly raised as a defense by the party invoking it — courts do not apply it automatically. If you don't raise prescription, the court will proceed with the case.
Official text — RA 386
Prescription, both acquisitive and extinctive, runs against:
(1) Minors and other incapacitated persons who have parents, guardians or other legal representatives;
(2) Absentees who have administrators, either appointed by them before their disappearance, or appointed by the courts;
(3) Persons living abroad, who have managers or administrators;
(4) Juridical persons, except the State and its subdivisions.
Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. (1932a)
Source: lawphil.net (RA 386 as amended)
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