Text of the provision
Art. 1108. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Prescription, both acquisitive and extinctive, runs against minors and other incapacitated persons who have parents, guardians or representatives, against absentees who have administrators, against persons living abroad with managers or administrators, and against juridical persons.
Questions about this provision
Related provisions
- Article 1107 — Who May Acquire by Prescription.
- Article 1109 — When Prescription Does Not Run.
Cases citing this article
- Bartola M. Vda De Tirona, et al. vs. Cirilo Encarnacion, G.R. No. 168902, September 28, 2007 — read the decision on LawPhil →
- Sheriff Albert A. Dela Cruz of the Sandiganbayan Security and Sheriff Services, the Sandiganbayan Security and Sheriff Services vs. Wellex Group, Inc, G.R. No. 247439, August 23, 2023 — read the decision on LawPhil →
- Heirs of Mario Malabanan vs. Republic of the Philippines, G.R. No. 179987, April 29, 2009 — read the decision on LawPhil →
- Republic of the Philippine, et al. vs. Heirs of Agustin L. Angeles, et al, G.R. No. 141296, October 7, 2002 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.