Philippine Bar review · Question

Practice question: Limitation of Action

Multiple Choice Hard

Practice question

A fully competent owner learns in 2015 that an innocent purchaser has already registered a protected title after a usurper’s fraud. The owner has a complete Fund cause of action, but files only in 2023. No suspension, interruption, or disability applies. The owner argues that a separate insolvency judgment obtained against the usurper in 2022 restarted the period. Which answer is correct?
  1. The action is timely because insolvency always starts a new six years.
  2. The action is timely because Fund claims never prescribe after fraud.
  3. The action is timely because death of any unrelated owner interrupts prescription.
  4. The action is governed by the one-year decree-review period instead.
  5. The action is barred: more than six years passed after the stipulated accrual, and the later insolvency judgment does not restart that period.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1978/pd_1529_1978.html — PD1529, section102: six years, survival, and disability proviso.
  • https://lawphil.net/judjuris/juri2018/jul2018/gr_224678_2018.html — Spouses Stilianopoulos v Register of Deeds for Legazpi City, GR224678, July3 2018, main opinion: accrual and actual knowledge in fraudulent-registration claims.

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