Short answer. Generally eight years from when you lost possession. Article 1140 sets that period for actions to recover movables, unless the possessor already acquired ownership by prescription sooner, in as little as four years if he possessed in good faith. Whether you still have time depends on how the current possessor acquired the property.
What the law says
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.
Civil Code, Article 1140 — Recovery of Movables — 8 Years. Read the full provision →
The general eight-year period
Article 1140 sets the outer boundary for recovering movable property: actions to recover movables shall prescribe eight years from the time the possession thereof is lost. The clock starts running from the moment you lost possession, not from when you first noticed or from some other later event. As a general rule, once eight years pass from that loss of possession without you successfully recovering the property, an action to get it back is barred by prescription.
The period can be shorter, not longer, for the possessor
The eight-year period is not guaranteed to be available to you in every case. Article 1140 itself acknowledges an exception: it applies "unless the possessor has acquired the ownership by prescription for a less period, according to articles 1132." Article 1132 provides that ownership of movables prescribes through uninterrupted possession for four years in good faith, or eight years regardless of good faith. So if whoever has your property has possessed it in good faith for four continuous years, they may already have acquired ownership by prescription before the general eight-year period for your action would otherwise run out.
Special protection if you lost the property or were unlawfully deprived of it
Article 1140 also preserves the special rules in Article 559 for property that was lost or taken from you unlawfully. That article states that one who has lost any movable or has been unlawfully deprived thereof, may recover it from the person in possession of the same, though if the current possessor acquired it in good faith at a public sale, recovery requires reimbursing the price paid. If your situation involves loss or unlawful deprivation rather than a simple, voluntary parting with the property, these provisions can affect how straightforward recovery actually is.
What this means for your specific situation
To know how much time you realistically have, you need to know how the current possessor came to have your property, and under what circumstances you lost possession of it in the first place. If years have already passed and the possessor can show continuous good-faith possession, ownership by prescription may already have shifted away from you well before the eight-year mark. If instead your property was stolen or lost rather than voluntarily transferred, the protective rules referenced in Article 1140 may give you a stronger position, but the details of how you lost the property and how it was later acquired matter a great deal to the outcome.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Calatagan Golf Club, Inc. vs. Sixto Clemente, Jr, G.R. No. 165443, April 16, 2009 — read the decision on LawPhil →
- Spouses Raymundo and Marilyn Calo vs. Spouses Reynaldo and Lydia Tan, et al, G.R. No. 151266, November 29, 2005 — read the decision on LawPhil →