Text of the provision
Art. 1109. Prescription does not run between husband and wife, even though there be a separation of property agreed upon in the marriage settlements or by judicial decree. Neither does prescription run between parents and children, during the minority or insanity of the latter, and between guardian and ward during the continuance of the guardianship.
(n)
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 does not run between husband and wife, even though there be a separation of property; nor between parents and children during minority or insanity; nor between guardian and ward during the guardianship.
Questions about this provision
- Can one spouse acquire ownership of the other spouse's property through prescription?
- My child was injured in an accident years ago — since they were a minor at the time, does the deadline to sue only start once they turn 18?
Related provisions
- Article 1108 — Against Whom Prescription Runs.
- Article 1110 — Prescription and Married Women.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.