Sunday, September 27, 2009

May Katapusan Din Ito


Art. 1144. The following actions must be brought within ten years from the time the right of action accrues:

(1) Upon a written contract ( Your Card Agreement, for example)

e.g. The obligation to pay became due on March 3, 1983 . The complaint was filed on July 27, 1993. This is a no-no

Basis for Counting

Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.

Stopping The Counting:

Art. 1155. The prescription of actions is interrupted when:

1. they are filed before the court ;

Cases are archived When defendant without fault or neglect of plaintiff, can not be served with summons within six (6) months from issuance of original summons.

2. when there is a written extrajudicial demand by the creditors;

There could be no valid and effective demand made if the demand letters were never received by the respondents.

3. when there is any written acknowledgment of the debt by the debtor.

Revival of Cases:

The Presiding Judge shall motu proprio or upon motion of any party, order the reinstatement/revival of an archived case and its withdrawal from the archives whenever the same is ready for trial or further proceedings.

originally published in
09/08/08 (a month after 08/08/08)

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