Title
Alpha Plus International Enterprises Corp. vs. Philippine Charter Insurance Corp.
Case
G.R. No. 203756
Decision Date
Feb 10, 2021
Alpha Plus’s insurance claim for a 2008 warehouse fire was rejected; its 2010 amended complaint, filed after the 1-year prescriptive period, was dismissed as time-barred.

Case Summary (G.R. No. 203756)

Key Dates

• June 9, 2007–June 9, 2008: Period of two fire insurance policies
• February 24, 2008: Warehouse fire occurs
• January 22, 2009: PCIC denies claim (received January 24, 2009)
• January 20, 2010: Original complaint filed in RTC, Malolos (Civil Case No. 41-M-2010)
• February 9, 2010: Amended complaint filed (P300 million claim)
• April 5, 2011 and June 21, 2011: RTC orders denying PCIC’s motions to dismiss
• July 20, 2012: Court of Appeals decision nullifying RTC orders and dismissing the complaint
• October 3, 2012: CA resolution denying motion for reconsideration

Applicable Law

• 1987 Philippine Constitution (governs all cases decided after 1990)
• Insurance Code, Section 63 (prohibits stipulations limiting suit to less than one year)
• Condition No. 27 of fire insurance policies (requires suit within twelve months from notice of rejection)
• Civil Code, Article 13 (defines “year” as 365 days)
• Rules of Court, Rule 65 (certiorari) and Rule 16, Section 6 (affirmative defenses)

Factual Background

Alpha Plus obtained two fire‐insurance policies from PCIC covering its warehouse and equipment. Following a destructive fire on February 24, 2008, Alpha Plus submitted a claim, which PCIC formally denied by letter dated January 22, 2009 (received January 24, 2009). Attempts at out‐of‐court settlement failed.

Procedural History

  1. Original Complaint (Jan. 20, 2010) – prayed for insurance proceeds, legal interest, exemplary damages (≥P1 million), attorney’s fees (≥P1 million), and costs; initial docket fees of ₱42,545.
  2. Amended Complaint (Feb. 9, 2010) – expressly claimed P300 million actual damages and “two times the legal interest per annum”; paid additional docket fees of ₱6,056,465.
  3. Motions to Dismiss filed for lack of cause of action, insufficient fees, and prescription; RTC denied these motions in Orders dated April 5 and June 21, 2011.
  4. Respondents petitioned the Court of Appeals for certiorari.
  5. CA granted the petition, nullified the RTC orders, and ordered dismissal on the ground that the action had prescribed.
  6. Petitioner’s motion for reconsideration before the CA was denied on October 3, 2012.

Issue

Whether the Court of Appeals erred in dismissing Alpha Plus’s complaint on the ground of prescription and in computing the prescriptive period from the filing of the amended complaint.

Supreme Court Ruling

  1. Prescription is a fixed period and must be raised by the court when evident from the record; dismissal for prescribed actions is mandatory.
  2. Insurance Code Section 63 voids any policy clause limiting suit to less than one year; Condition No. 27 sets a one‐year (365 days) period from “receipt of notice of such rejection.”
  3. Civil Code Article 13 confirms that a “year” means 365 days.
  4. “Final rejection” occurs upon the insurer’s initial denial, not upon any later motion for reconsideration. Here, prescription began on January 24, 2009, and ran until January 24, 2010.
  5. Origin

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