OBLICON - QUICK CHEAT SHEET 1

ESSENTIAL REQUISITES OF AN OBLIGATION 4. There must be a direct relation or connection of EFFECTS OF MORA SOLVENDI:
1. Passive Subject cause and effect between the act or omission and 1. The debtor is guilty of breach or violation of the
2. Active Subject the damage obligatin
3. Object/Prestation 5. There is no pre-existing contractual relations 2. He is liable to the creditor for interest or damages.
4. Juridical/Legal Tie In the absence of extrajudicial demand, the
TEST UNDER ORIENT FREIGHT: interest shall commence from the filing of the
ELEMENTS OF CAUSE OF ACTION 1. Act or omission complained of was done in bad complaint.
1. Right in favor of a person faith 3. He is liable even for a fortuitous event when the
2. Obligation on the part of another 2. Violation of Art. 21 obligation is to deliver a determinate thing.
3. Breach of said right with result injury or damage to
another KINDS OF FRUITS: EFFECTS OF MORA ACCIPIENDI:
1. Natural 1. The creditor is guilty of breach of obligation.
1157: SOURCES OF OBLIGATION 2. Industrial 2. He is liable for damages suffered, if any, by the
1. Law 3. Civil debtor
2. Contracts 3. He bears the risk of loss of the thing due
3. Quasi-Contracts 1167: SITUATIONS CONTEMPLATED 4. Where the obligation is to pay money, the debtor
4. Acts or Omissions Punished by Law 1. Debtor fails to perform an obligation to do is not liable for interest from the time of creditor’s
5. Quasi-Delicts 2. Debtor performs an obligation to do but contrary delay
to the terms thereof 5. The debtor may release himself from the obligation
KINDS OF QUASI-CONTRACT: 3. Debtor performs an obligation to do but in a poor by the consignation or deposit in court of the thing
1. Negotiorum Gestio manner or sum due.
2. Solutio Indebiti
3. Other examples (Arts. 2164-2175) GR: DEMAND IS NECESSARY EFFECTS OF COMPENSATIO MORAE:
1169: WHEN DEMAND IS NOT NECESSARY 1. The delay of the obligor cancels out the effects of
TRADERS UNION V NLRC: PRINCIPLES OF 1. When the obligation so provides the delay of the obligee and vice versa. The net
ABSOLUTE JUSTICE 2. When the law so provides result is that there is no actionable default on the
1. Presumed that a person agrees to that which will 3. When time is of the essence part of both parties, such that as if neither one is
benefit him 4. When demand would be useless guilty of delay.
2. Nobody wants to enrich himself unjust at the 5. When there is performance by a party in reciprocal 2. If the delay of one party is followed by that of the
expense of another obligations other, the liability of the first infractor shall be
3. We must do unto others what we want them to do equitably tempered or balanced by the courts. If it
unto us under the same circumstances KINDS OF DELAY/MORA: cannot be determined which of the parties is guilty
1. Mora solvendi of delay, the contract shall be deemed
REQUISITES OF SOLUTIO INDEBITI: 2. Mora accipiendi extinguished and each shall bear his own
1. No right to receive the thing delivered 3. Compensatio morae damages.
2. Thing was delivered through mistake
REQUISITES OF MORA SOLVENDI (De Leon): 1170: GROUNDS FOR LIABILITY (DAMAGES)
SCOPE OF CIVIL LIABILITY: 1. Failure of the debtor to perform his obligation on 1. Fraud
1. Restitution the date agreed upon 2. Negligence
2. Reparation for damage caused 2. Demand made upon by the creditor upon the 3. Delay
3. Indemnification for consequential damages debtor to comply with his obligation which 4. Contravention of the terms of the obligation
demand may be either judicial or extrajudicial
REQUISITES OF QUASI-DELICT: 3. Failure of the debtor to comply with such demand KINDS OF NEGLIGENCE:
1. There must be an act or omission 1. Contractual negligence (culpa contractual)
2. There must be fault or negligence 2. Civil negligence (culpa aquiliana)
3. There must be damage caused 3. Criminal negligence (culpa criminal)

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KINDS OF DILIGENCE REQUIRED: 3. The creditor has no other legal remedy to satisfy 4. Ask the court to rescind or impugn acts or
1. That agreed upon by the parties, orally or in his claim contracts which may have done to defraud him
writing 4. The act being impugned is fraudulent when he cannot in any other manner recover his
2. In the absence of a stipulation, that required by 5. The third person who received the property claim
law in the particular case (like the extraordinary conveyed, if it is by onerous title, has been an
diligence required of common carriers) accomplice in the fraud. GR: A stipulation in a charter party that “owners
3. If both the contract or law are silent, then the shall not be responsible for loss, split, short
diligence expected of a good father of a family Doctrine of Progressive Personalization of landing, breakages, or any damages to the cargo”
(1163 par. 2) Patrimonial Rights is a valid stipulation. — Generally valid for private.
- It does not matter who ended up paying the money Exc:
REQUISITES OF RES IPSA LOQUITOR: for as long as the obligation was paid, it means 1. If the entity involved is a common carrier
1. The accident was of a kind which does not relationship between patrimony to patrimony or 2. When the loss, split, short land, breakages, or any
ordinarily occur unless someone is negligent; between estate to estate. damages arise from fraud — because any waiver
2. The instrumentality or agency which caused the for future fraud is void.
injury was under the exclusive control of the 1174: REQUISITES OF A FORTUITOUS EVENT 3. If the cause of such is gross negligence, and
person charged with negligence; and 1. The event must be independent of the human will gross negligence is equal to fraud, and waiver for
3. The injury suffered must not have been due to any or at least of the debtor’s will future fraud is void.
voluntary action or contribution on the part of the 2. The event could not be foreseen, or if foreseen, is
person injured. inevitable. GR: Extrajudicial demand is not a condition
3. The event must be of such a character as to precedent to judicial demand
TEST OF NEGLIGENCE (Picart v Smith) render it impossible for the debtor to comply with Exc:
Would a prudent man, in the position of the person to his obligation in a normal manner 1. Unless otherwise stipulated
whom negligence is attributed, foresee harm to the 4. The debtor must be free from any participation in, 2. In case of an unlawful detainer, an extrajudicial
person injured as a reasonable consequence of the or the aggravation of, the injury to the creditor, that demand is a condition necessary before a judicial
course about to be pursued is, there is no concurrent negligence on his part. demand. (To attain jurisdiction)

Doctrine of Last Clear Chance GR: No person shall be responsible for those WHEN OBLIGATION IS DEMANDABLE AT ONCE:
events which could not be foreseen, or which 1. When it is pure
Presumption of Inference and implied Warranty on though foreseen, were inevitable. 2. When it is subject to a resolutory condition
the Owner or Proprietor of a Public Amusement EXCEPTIONS: 3. When it is subject to a resolutory period
- Where a patron of a theater or other place of public 1. When expressly specific by law (1165 par. 3, 1170,
amusement is injure, and the thing that cause the 1268, 1263) 1186: REQUISITES OF CONSTRUCTIVE
injury is wholly and exclusively under the control 2. When declared by stipulation FULFILLMENT
and management of the defendant, and the 3. When the nature of the obligation requires the 1. The condition is suspensive
accident is such as in the ordinary course of event assumption of risk. 2. The obligor actually prevents the fulfillment of the
would not have happened if proper care has been condition
exercised, its occurrence raises a presumption or 1177: REMEDIES AVAILABLE TO CREDITORS FOR 3. He acts voluntarily or intentionally
permits an inference of negligence the part of the THE SATISFACTION OF THEIR CLAIMS:
defendant. 1. Exact fulfillment (specific performance) with the 1189 & 1194: RULES IN CASE OF LOSS,
right to damages DETERIORATION, OR IMPROVEMENT
REQUISITES OF ACCION PAULIANA: 2. Pursue the leviable (not exempt from attachment 1. If the thing is lost without the fault of the debtor,
1. The plaintiff asking for rescission has a credit prior under the law) property of the debtor the obligation shall be extinguished
to the alienation, although demandable later 3. After having pursued the property in possession of 2. If the thing is lost through the fault of the debtor,
2. The Debtor has made a subsequent contract the debtor, exercise all the rights and bring all the he shall be obliged to pay damages
conveying a patrimonial benefit to a third person actions of the debtor except those inherent in or
personal to the person of the latter

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3. When the thing deteriorates without the fault of 3. 1180 - When the debtor binds himself to pay when 2. Legal - law requires solidarity
the debtor, impairment is to be borne by the his means permit him to do so, the obligation shall 3. Real - Nature of the obligation requires solidarity
creditor be deemed to be one with a period, subject to the
4. If it deteriorates through the fault of the debtor, the provisions of Art. 1197. 1209 & 1224 RULES FOR JOINT INDIVISIBLE:
creditor may choose between the rescission of the 4. 1191 par. 3 - The court shall decree the rescission 1. Breach by one party — breach of entire obligation;
obligation and its fulfillment, with indemnity for claimed, unless there be just cause authorizing the transforms obligation into one for damages
damages in either case fixing of a period. 2. If one is insolvent; others are not liable for his
5. If the thing is improved by its nature or by time, 5. 448 - …The parties shall agree upon the terms of share
the improvement shall inure to the benefit of the the lease and in case of disagreement, the court 3. Only breaching debtor is liable for damages;
creditor shall fix the terms thereof. others will not be liable for damages
6. If it is improved at the expense of the debtor, he 6. 1687 - …In case of daily rent, the courts may also
shall have no other right than that granted to the fix a longer period after the lessee has stayed in GR: Indivisible - Obligations to give definite things
usufructuary the place for over one month. and those which are not susceptible of partil
performance shall be deemed to be indivisible
REQUISITES FOR APPLICATION OF 1189: Doctrine of Avoidable Consequence Exc: Divisible - Obligation has for its —
1. The obligation is a real obligation - By virtue of 2203, if you are experiencing damages, 1. Object the execution of a certain number of days
2. The object is a specific or determinate thing you have to exercise the due diligence of a good of work
3. The obligation is subject to a suspensive condition father of the family. 2. Accomplishment of work by metrical units
(also to a suspensive period in 1194) 3. Analogous things which by their nature are
4. The condition is fulfilled GR: Right to rescind is not available in a contract susceptible of partial performance
5. There is loss, deterioration, or improvement of the to sell. Exc to Exc: Provided by law or intended by the
thing during the pendency of the condition Exc: Sps Tumibay v Lopez - Rescission was parties, even if the object or service may be physically
permissible in this case even if it was a contract to sell indivisible
1198: WHEN TO LOSE THE BENEFIT OF A PERIOD because ownership was transferred.
1. When after the obligation has been contracted, he DM RAGASA: PURPOSES OF PENAL CLAUSE
becomes insolvent, unless he give a guaranty or 2-STEP PROCESS IN APPLYING 1197: 1. To insure their performance by creating an
security for the debt 1. Determine that “the obligation does not fix a effective deterrent against breach
2. When he does not furnish to the creditor the period” or that the period is “made to depend 2. May represent a genuine pre-estimate of the
guaranties or securities which he has promised upon the will of the debtor, but “from the nature damages to be sustained by the injured part
3. When by his own acts he has impaired said and the circumstances it can be inferred that a 3. To punish
guaranties or securities after their establishment, period was intended
and when through a fortuitous event they 2. Decide what period was probably contemplated GR: A stipulation of a penalty clause will bar or
disappear, unless he immediately gives new ones by the parties preclude recovery of damages.
equally satisfactory Exc:
4. When the debtor violates any undertaking, in LIMITATIONS OF DEBTOR’S RIGHT OF CHOICE 1. When parties stipulate
consideration of which the creditor agreed to the (ALTERNATIVE OBLIGATIONS): 2. When obligor refuses to pay the penalty
period 1. 1200 par. 2 - The debtor cannot choose those 3. When obligor is guilty of fraud in the fulfillment of
5. When the debtor attempts to abscond prestation which are: impossible, unlawful, and the obligation
could not have been the object of the obligation.
WHEN CAN COURTS FIX A PERIOD: 2. 1202 - When only one is practicable 1231: MODES OF EXTINGUISHMENT OF
1. 1197 par. 1 - If the obligation does not fix a period 3. 1199 par. 2 - Creditor cannot be compelled to OBLIGATION
but from its nature and the circumstances it can receive part of one and part of another. 1. Payment
be inferred that a period was intended, the courts 2. Loss of the thing due
may fix the duration thereof. DEFAULT PRESUMPTION: Joint 3. Condonation
2. 1197 par. 2 - The courts shall also fix the period Exc: 4. Confusion
when it depends upon the will of the debtor. 1. Conventional - stipulated by the parties 5. Novation

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6. Compensation obligation pays without prejudice to the effects of

7. Others in Codal: Annulment, Rescission, REQUISITES OF EXTRAORDINARY INFLATION: confusion as to the latter’s share.
Fulfillment of a Resolutory Condition, and 1. An official declaration of inflation or deflation from
Prescription the BSP EFFECTS OF NOVATION ON CRIMINAL LIABILITY:
2. The obligation was contractual in nature 1. Novation before complaint - It will only prevent the
TO WHOM MUST PAYMENT OR PERFORMANCE 3. The parties expressly agreed to consider the rise of criminal liability
BE GIVEN: effects of the extraordinary 2. Novation after complaint - it will cast doubt on the
1. Party in whose favor the obligation was true nature of the original basic transaction,
constituted REQUISITES FOR APPLICATION OF 1267: whether or not the it was such that the breach of
2. Successors-in-interest 1. The event or change in circumstance could not the obligation would not give rise to penal
3. Any person authorized to receive payment have been foreseen at the time of the execution of responsibility
the contract 3. If crime is not against State but persons - even
GR: Integrity of Payment 2. It make the performance fo the contract extremely before or after filing the complaint, it will prevent
Exc: 1234 & 1235 difficult but not impossible. rise of criminal liability e.g. marital rape
3. It must not be due to the act of the many parties.
GR: Identity of Payment 4. The contract is for a future prestation. CHARACTERISTICS OF CONTRACTS:
Exc: Dacion en Pago & Cession 1. Autonomy of contracts
REQUISITES FOR CONVENTIONAL 2. Obligatoriness of contracts
REQUISITES OF DACION EN PAGO COMPENSATION: 3. Mutuality of contracts
1. Performance of the prestation in lieu of payment 1. Each of the parties has the right to dispose of the 4. Consensuality of contracts
which may consist in the delivery of a corporeal credit he seeks to compensate 5. Relativity of contracts
thing or a real right or a credit against a third 2. They agree to the mutual extinguishment of debts.
person GR: Contracts take effect only between the
2. There must be a some difference between the REQUIREMENTS OF NOVATION: parties, their assigns, and heirs.
prestation due and that which is give in 1. Existence of a previous valid obligation Exc:
substitution 2. Intention or agreement and capacity of the parties 1. When the obligation is intransmissible to heirs or
3. An agreement between the creditor and debtor to extinguish or modify the obligation assigns by their nature, by stipulation, or by law
that the obligation is immediately extinguished 3. Extinguishment or modification of the obligation 2. Stipulation pour autrui - stipulation in favor of third
4. Creation or birth of a new valid obligation persons
REQUISITES OF CESSION 3. Accion pauliana - creditors may impugn acts
1. Two or more creditors GR: Old debtor is not liable to the creditor in case which the debtor may have done to defraud
2. Debtor must be insolvent of insolvency of the new debtor. pursuant to 1313
3. Assignment must involve all the properties of the Exc: 4. 1312 - In contracts creating real rights, third
debtor 1. When said insolvency was already existing and of persons who come into the possession of the
4. Cession must be accepted by creditors public knowledge at the time of the delegacion objects of the contract are bound thereby
2. The insolvency was already existing and known to 5. If contracts create status such as marriages
REQUISITES OF CONSIGNATION: the debtor at the time of delegacion 6. 1314 - Any third person who induces another to
1. Existence of a valid debt which is due violate his contract
2. Tender of payment by the debtor and refusal WHEN IS LEGAL PRESUMPTION PRESUMED:
without justifiable reason 1. When a creditor pay another creditor who is REQUISITES OF TORTIOUS INTERFERENCE:
3. Previous notice of consignation to persons preferred even without the debtor’s knowledge 1. There is a previously existing or existing valid
interested in the fulfillment of the obligation 2. When a third person, not interested in the contract
4. Consignation of the thing or sum due with the obligation, pays with the express or tacit approval 2. There is knowledge of the part of the 3rd party
proper court of the debtor. that the contract exists
5. Subsequent notice of consignation made to the 3. When, even without the knowledge of the debtor, 3. Interference is without legal justification.
interested parties a person interested in the fulfillment of the

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ESSENTIAL REQUISITES OF A CONTRACT: 2. That the threatened act be unjust or unlawful CLASSIFICATION OF CONTRACTS AS TO CAUSE:
1. Consent 3. That the threat be real and serious, there being an 1. Onerous
2. Object evident disproportion between the evil and the 2. Gratuitous
3. Cause resistance which all men can offer, leading to the 3. Remuneratory
choice of the contract as the lesser evil;
1327: PERSONS WHO CANNOT GIVE CONSENT: 4. That it produce a reasonable and well-grounded GR: There is an existing but disputable
1. Unemancipated minors fear from the fact that the person from whom it presumption that a true and lawful cause exists.
2. Insane or demented person, deaf mutes who do comes has the necessary means or ability inflict Exc:
not know how to write injury 1. Art. 1353
2. PNOC Case
REQUISITES OF MISTAKE (VOIDABLE): ELEMENTS OF ABSOLUTE SIMULATION:
1. The substance of the thing which is the object of 1. An outward declaration of will different from the 1358: TRANSACTIONS THAT MUST APPEAR IN A
the contract will of the parties PUBLIC DOCUMENT:
2. Those conditions which have principally move one 2. False appearance must have been intended by 1. Acts and contracts which have for their object the
or both parties to enter into the contract. mutual agreement creation, transmission, modification or
3. The identity or qualification of one of the parties, 3. The purpose is to deceive third persons. extinguishment of real rights over immovable
provided that same was the principal cause of the property; sales of real property or of an interest
contract. REQUISITES OF THINGS AS OBJECT OF therein are governed by Arts. 1403 No.2, and 1405
CONTRACT: 2. The cession, repudiation or renunciation of
REQUISITES OF FRAUD (VOIDABLE): 1. The thing must be within the commerce of men hereditary rights or of those of conjugal
1. Must be misrepresentation or concealment 2. It must not be impossible, legally or physically partnership of gains
2. Must be serious 3. Must be in existence of capable of coming into 3. The power to administer property, or any other
3. Must have been employed by only one of the existence power which has for its object an act appearing or
contracting parties 4. Must be determinate or determinable (as to its which should appear in a public document, or
kind 1349) without the need of a new contract should prejudice a third person
REQUIREMENTS OF STIPULATION POUR AUTRUI: between the parties. 4. The cession of actions or rights proceeding from
1. There is a stipulation in favor of a third person *same reqs for services except #3 an act appearing in a public document
2. Stipulation is a part, not the whole, of the contract
3. The parties clearly and deliberately conferred a GR: Future things and future rights may be the REQUISITES OF REFORMATION:
favor to the third person object of a contract. 1. There is a meeting of the minds of the parties to
4. The favor is unconditional and uncompensated Exc: the contract
5. The third person communicated his or her 1. Art 751 - Donation cannot comprehend future 2. The written instrument does not express the true
acceptance of the favor before its revocation propert agreement of the parties
6. The contracting parties do not represent, or are 2. Art. 1347 on future inheritance 3. The failure to express the true intention is due to
not authorized by, the third party Exc to exc: mistake, fraud, inequitable conduct, or accident
1. Family Code Art. 84 4. The facts upon which relief by way of reformation
Doctrine of Apparent Authority 2. Partition of property by act inter vivos by a person of the instrument is sought are put in issue by the
- Acts that an agent has the apparent authority to to take effect upon his death pleadings; and
execute on behalf of the principal are binding on 5. There is clear and convincing evidence of the
the principal even though the agency was REQUISITES OF FUTURE INHERITANCE: mistake, fraud, inequitable conduct, or accident.
terminated by the principal before. a. Succession has not yet been opened opened at
the time of the contract SCENARIOS WHERE REMEDY OF REFORMATION
ELEMENTS OF INTIMIDATION: b. The object forms part of the inheritance IS EXPRESSLY ALLOWED:
1. That the intimidation must be the determining c. The promissor has, with respect to the object, an 1361 - 1365
cause of the contract must have cause the expectancy of a right which is purely hereditary in
consent to be given nature.

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WHEN REFORMATION IS NOT ALLOWED: 4. Those which refer to things under litigation if they time of the sale, of the amount and kind of
1. Simple donations inter vivos wherein no condition have been entered into by the defendant without property sold, terms of sale, price, names of the
is imposed knowledge and approval of the litigants or of purchasers and persons on whose account the
2. Wills competent judicial authority sale is made, it is a sufficient memorandum
3. When the real agreement is void 5. All other contracts specially declared by law to be 5. An agreement for the leasing for a longer period
4. When one of the parties has brought an action to subject to rescission. than one year, or for the sale of real property or of
enforce the instrument an interest therein;
VOIDABLE CONTRACTS: 6. A representation as to credit of a third person.
REQUIREMENTS OF DECLARATORY RELIEF: 1. Those where one of the parties is incapable of
1. There must be a justiciable controversy giving consent to a contract WHAT WOULD BRING A CONTRACT OUTSIDE
2. The controversy must be between persons whose 2. Those where the consent is vitiated by mistake, THE SOF:
interests are adverse violence, intimidation, undue influence, or fraud. 1. Ratification
3. The party seeking declaratory relief must have 2. Note or Memorandum
legal interest in the controversy REQUISITES OF IMPLIED RATIFICATION: 3. Acceptance and receipt of the part of the goods
4. The issue involved must be ripe for judicial 1. There must be knowledge of the reason which sold
determination renders the contract voidable 4. Partial or Total Performance
2. Such reason must have ceased 5. Failure to object to the presentation of oral
REQUISITES OF RESCISSION: 3. The injured party must have executed an act evidence
1. The contract must be validly agreed upon which necessarily implies an intention to waive
2. There must be lesion or pecuniary prejudice or his right. VOID AND INEXISTENT CONTRACTS:
damage to one of the parties or to a third person 1. Those whose cause, object or purpose is
3. The rescission must be based upon a case CATEGORIES UNDER UNENFORCEABLE contrary to law, morals, good customs, public
especially provided by law. CONTRACTS: order or public policy
4. There must be no other legal remedy to obtain 1. Those entered into in the name of another by one 2. Those which are absolutely simulated or fictitious
reparation for the damage without or acting in excess of authority 3. Those whose cause or object did not exist at the
5. The party asking for rescission must be able to 2. Those that do not comply with the Statute of time of the transaction
return what he is obliged to restore by reason of Frauds 4. Those whose object is outside the commerce of
the contract. 3. Those where both parties are incapable of giving men
6. The object of the contract must not legally be in consent 5. Those which contemplate an impossible service
the possession of third persons who did not act 6. Those where the intention of the parties relative
in bad faith. TRANSACTIONS UNDER THE STATUTE OF the principal object of the contract cannot be
7. The period for filing the action for rescission must FRAUDS: ascertained
not have prescribed. 1. An agreement that by its terms is not to be 7. Those expressly prohibited or declared void by
performed within a year from the making thereof law
RESCISSIBLE CONTRACTS: 2. A special promise to answer for the debt, default,
1. Those which are entered into by guardians or miscarriage of another REQUISITES IN ORDER TO INVOKE ESTOPPEL
whenever the wards whome they represent suffer 3. An agreement made in consideration of marriage, CONCERNING IMMOVABLE PROEPRTY:
lesion by more than 1/4 of the value of the things other than a mutual promise to marry 1. There must be fraudulent representation or
which are the object thereof 4. An agreement for the sale of goofs, chattels or wrongful concealment of facts known to the party
2. Those agreed upon in representation of things in action, at a price not less than 500Php estopped
absentees, if the latter suffer the lesion stated in — UNLESS the buyer accept and receive part of 2. The party precluded must intend that the other
the preceding number such goods and chattels, or the evidences, or should act upon the facts as misrepresented
3. Those undertaken in fraud of creditors when the some of them, of such things in action, or pay at 3. The party misled must have been aware of the true
latter cannot in any other manner collect the the time some part of the purchase money; BUT facts
claims due them; when a sales is made by auction and entry is 4. The party defrauded must have acted in
made by the auctioneer in his sales book, at the accordance with the misrepresentation.

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REQUISITES OF ESTOPPEL IN PAIS - Mortgage

10 years For judgment -
1. Related to party to be estopped Action finality;
• Conduct which amounts to a false representation or - Written Cases of
concealment of material facts, or at least which is Contract breach - from
calculated to convey impression that facts are - Obligation the time of the
otherwise than, and inconsistent with those which created by breach;
party subsequently attempts to assert Law For rescissible
• Intention/at least expectation that such conduct - Judgment - when
shall be acted upon, or influence, the other party or requisites of a
other persons given cause of
• Knowledge, actual or constructive, of the real facts. action arise
2. Related to the party claiming estoppel
• Ignorance or lack of knowledge and of the means 30 years Real actions
of knowledge of the truth as to facts in question over
• Reliance in good faith, upon the conduct or immovables
statement of the party to be estopped
• Action/inaction based thereon of such a character
as to change the position or status of the party
claiming estoppel, to his injury, detriment or
prejudice.

PRESCRIPTION
1 year - Forcible Entry *From the day
& Detainer they may be
- Defamation brought

4 years - Injury to the *From the day

rights of the they may be
plaintiff brought
- Quasi-delict

5 years All other From right of

actions whose action accrues
periods are not
fixed or are in
other laws

6 years - Oral Contract *From the day

- Quasi- they may be
contract brought

8 years Actions to From the time

recover the possession
movables is lost

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