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Nemarco V Tecson

The Supreme Court affirmed the lower court's dismissal of the case. The case involved National Marketing Corporation attempting to revive a previous judgment against Miguel Tecson over 10 years after the initial judgment. The lower court dismissed it as time-barred by the statute of limitations. The Supreme Court agreed that under Article 13 of the Civil Code, a "year" refers to 365 days, not calendar years. Therefore, the 10 year period for reviving the judgment expired on December 19, 1965, two days before National Marketing Corporation filed the case.

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77 views2 pages

Nemarco V Tecson

The Supreme Court affirmed the lower court's dismissal of the case. The case involved National Marketing Corporation attempting to revive a previous judgment against Miguel Tecson over 10 years after the initial judgment. The lower court dismissed it as time-barred by the statute of limitations. The Supreme Court agreed that under Article 13 of the Civil Code, a "year" refers to 365 days, not calendar years. Therefore, the 10 year period for reviving the judgment expired on December 19, 1965, two days before National Marketing Corporation filed the case.

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Nemarco v.

Tecson
G.R. No. L-29131
August 27, 1969

FACTS:
 National Marketing Corporation (plaintiff-appellant)
o Successor to all properties, assets, and chooses in action of the Prince Stabilization
Corporation
 Miguel D. Tecson (defendants)
o Miguel D. Tecson (defendant-appellee)
 Insurance commissioner (petitioner)
PROCEDURAL HISTORY
 Nov. 14, 1955 - Court of First Instance of Manila rendered judgment on Civil Case No. 20520
“Prince Stabilization Corporation vs. Miguel D. Tecson”
o Court ruled ordering the defendant (Tecson and Alto Security and Insurance, Co) to
pay join fees, attorney's and costs
o November 21, 1955: Copy of the decision was served upon the defendants of the
case
 December 21, 1965: NeMarCo filed same civil case against the defendants for the revival of
the judgment rendered in said case civil case no. 63701
o Defendant moved to dismiss case based on lack of jurisdiction over the subject
matter thereof and prescription of action.
 Feb. 14, 1966: Court issued
o Case was filed exactly on December 21, 1965 but more than ten years have passed a
year is 365 days (Art. 18, CCP)
o Plaintiff forgot that 1960 and 1964 are leap years so that when this case was filed, it
was filed TWO DAYS too late
o Court dismissed case concerning Miguel Tecson
 March 20, 1969: NeMarCo filed appeal to CA; CA certified case to the SC
 NeMarco (appellant) alleges it was December 21, 1965,
 Tecson (appellee) maintains that it expired on Dec. 19, 1965.
o 30 days from the notice of judgment
o when "the laws speak of years it shall be understood that years are of 365 days
each"
o Lower court accepted this view in its appealed order of dismissal
 Plaintiff-appellant insists that the same is erroneous because a year means a calendar year;
since that is being computed is calendar years, a calendar year should be used as the basis of
computation. 
ISSUE:
 Only one question raised
 Whether or not the present action for the revival of a judgment is barred by statute of
limitations
HOLDING/RATIONALE
 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. 
JUDGMENT:  When it is not a leap year, December
 Order is affirmed 21 to December 21 constitutes a year
 
RATIONALE:
 The issue is thus confined to the date  Interpretation of "years" in the Civil
on w/c the 10 yrs from 12/21/55 Code is limited to 356 days (article 13)
expired.

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