Text of the provision
Art. 1143. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription:
(1) To demand a right of way, regulated in article 649;
(2) To bring an action to abate a public or private nuisance.
(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
The following are not extinguished by prescription: the right to demand a right of way (Art. 649), and the right to bring an action to abate a public or private nuisance.
Questions about this provision
- Are there any kinds of legal claims that never expire no matter how much time passes?
- Are there any property-related rights that never expire, no matter how long they go unenforced?
- My parents died over twenty years ago and their estate was never formally settled — can the heirs still divide it now, or has that right expired?
Related provisions
- Article 1142 — Mortgage Actions — 10 Years.
- Article 1144 — Ten-Year Actions.
Cases citing this article
- Juan B. Bañez, Jr. vs. Hon. Crisanto C. Concepcion, et al, G.R. No. 159508, August 29, 2012 — 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.