CASE DIGEST ON NAMARCO V. TECSON

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CASE DIGEST ON NAMARCO V. TECSON [29 S 70 (1969)] - F: On 10/14/55, the CFI-Mla. rendered judgment in a civil case, Price Stabilization Corp. vs. Tecson, et al. Copy of this decision was, on 10/21/55 served upon defendants in said case. On 12/21/65, NAMARCO, as successor to all the properties, assets, rights, and choses in action of Price, as pltff in that case and judgment creditor therein, filed w/ the same court, a complaint against defendants for the revival of the judgment rendered therein. Def. Tecson moved to dismiss said complaint, upon the ground of prescription of action, among others. The motion was granted by the court. Hence, the appeal to the CA w/c was certified to the SC, upon the ground that the only question raised therein is one of law, namely,

ISSUE: W/n the present action for the revival of a judgment is barred by the statute of limitations.
Pursuant to Art. 1144 (3), NCC, an action for judgement must be brought w/in 10 yrs from the time the judgment sought to be revived has become final. This in turn, took place on 12/21/55 or 30 days from notice of the judgment-- w/c was received by defs. on 10/21/55-- no appeal having been taken therefrom. The issue is thus confined to the date on w/c the 10 yrs from 12/21/55 expired. Pltff alleges that it was 12/21/65, but appellee maintains otherwise, bec. :when the law speaks of years xxx it shall be understood that years are of 365 days each"-- and, in 1960 and 1964 being leap years, so that 10 yrs of 365 days each, or an aggregate of 3650 days, from 12/21/55, expired on 12/19/65.
Pltff.-appellant further insists that there is no question that when it is not a leap year, 12/21 to 12/21 of the following year is one year. If the extra day in a leap year is not a day of the year, bec. it is the 366th day, then to what year does it belong? Certainly, it must belong to the year where it falls, and therefore, that the 366 days constitute one yr.

HELD: The very conclusion thus reached by appellant shows that its theory contravenes the explicit provision of Art. 13 limiting the connotation of each "year"-- as the term is used in our laws-- to 365 days.
[The action to enforce a judgment which became final on December 21, 1955 prescribes in 10 years. Since the Civil Code computes "years" in terms of 365 days each, the action has prescribed on December 19, 1955, since the two intervening leap years added two more days to the computation. It is not the calendar year that is considered.]


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