When does the prescriptive period for my action start to run?

The general rule: from the day the action may be brought

Article 1150 of the Civil Code states: The time for prescription for all kinds of actions, when there is no special provision which ordains otherwise, shall be counted from the day they may be brought. This is the default starting point for extinctive prescription — the clock starts running on the day you could first have gone to court to assert your right. Before that day arrives, you cannot file the action and therefore the law does not count time against you. Once that day comes, however, the period begins and continues to run until you file or until the period expires.

What "the day they may be brought" means

An action may be brought once all the elements needed to state a cause of action are present. In a breach of contract claim, for example, the period generally starts when the breach occurs — the day the other party failed to perform what was promised and you could have gone to court for damages. For a claim based on a violation of a right, it starts when the violation happened and became known or knowable to you. The key principle is that prescription cannot start running before you have a complete cause of action that a court could act on.

When a special provision sets a different starting point

Article 1150 expressly preserves the effect of special provisions that set a different starting point for prescription. Many specific types of claims are governed by their own rules. Labor claims, for example, may have their own prescription rules under the Labor Code. Claims involving registered land may have their own starting point under the Land Registration laws. Tax claims, family law matters, and criminal cases also have specialized rules. Where a special law or provision addresses when prescription starts for a particular type of action, that specific rule applies and Article 1150 yields to it. The Civil Code's general rule fills the gap only when no special provision applies.

Why this matters if you are deciding whether to file now

Determining when your prescriptive period started is critical because missing the period extinguishes your right to bring the action. If the act giving rise to your claim happened years ago, you need to count from the date you could first have filed — not necessarily from when you became aware of the problem, unless awareness was a prerequisite for filing. If a special provision applies to your type of claim, that provision's starting point controls. If you are unsure whether the period has already run on your claim, getting a legal assessment of the specific dates and the applicable rule for your type of action is important.

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.

• Multi-realty Devt. Corp. vs. The Makati Tuscany Condo. Corp, G.R. No. 146726, June 16, 2006 — read the decision on LawPhil →
• One Shipping Corporation vs. Heirs of the Late Ricardo R. Abarrientos, G.R. No. 255802, October 12, 2022 — read the decision on LawPhil →
• Gloria S. Dy vs. People of the Philippines, Mandy Commodities Co., Inc, G.R. No. 189081, August 10, 2016 — read the decision on LawPhil →
• University of Santo Tomas Faculty Union vs. University of Santo Tomas, G.R. No. 203957, July 30, 2014 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 1150 — When the Clock Starts