Case Digest (G.R. No. L-29131)
Facts:
National Marketing Corporation, successor to the Price Stabilization Corporation, filed on December 21, 1965 a complaint in the Court of First Instance of Manila to revive a November 14, 1955 judgment against Miguel D. Tecson and Alto Surety & Insurance Co., Inc., the judgment having become final on December 21, 1955 after notice on November 21, 1955. Miguel D. Tecson moved to dismiss for lack of jurisdiction and prescription; the trial court found the revival action prescribed and dismissed the complaint, and the Court of Appeals stated the sole legal question and certified the case to the Supreme Court.
Issues:
- Is the present action for the revival of a judgment barred by the statute of limitations or prescription?
Ruling:
The Supreme Court affirmed the trial court's order dismissing the complaint as prescribed. The Court held that the ten-year period for an action upon a judgment expired before the December 21, 1965 filing.
Ratio:
Pursuant to Art. 1144-(3), Civil Code, an action upon a judgment must be brought within ten years from accrual, and Art. 1152, Civil Code fixes accrual at the time the judgment sought to be revived became final, here December 21, 1955. Under Art. 13, Civil Code, a "year" for legal computation is 365 days; therefore ten years equaled 3,650 days and lapsed on December 19, 1965, rendering the December 21, 1965 suit time-barred; the Court rejected appellant's calendar-year argument and declined to alter the statutory definition, leaving any change to the Legislature.
Doctrine:
- Under Art. 1144-(3), Civil Code, actions upon judgments prescribe in ten years from accrual.
- Under Art. 1152, Civil Code, accrual for revival actions is when the judgment became final.
- Under Art. 13, Civil Code, a "year" in legal computation is of 365 days.
- Courts must apply statutory definitions as enacted and may not judicially revise legislative time-computation rules.