Case Digest: National Marketing Corporation Vs. Miguel Tecson

Civil Code Article 13: 

When the law speaks of years, months or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

        In computing a period, the first day shall be excluded, and the last day included.

National Marketing Corporation Plaintiff, Appellant

Vs.

Miguel Tecson, et. Al defendants, Miguel Tecson defendant-appellee, The Insurance Commissioner, petitioner

Facts:                    On December 21, 1965, the National Marketing Corporation, as successor to all properties, assets, rights, and chooses in action of the Prize Stabilization Corporation, filed for the revival of the judgment rendered in Case No. 20520. Defendant Miguel Tecson moved to dismiss said complaint on the basis of lack of jurisdiction and prescription.

Issue:                    Whether or not there is prescription of complaint.

Ruling:                  Judgment affirmed. There is prescription as years are to be understood as 365 days; hence, 1960 and 1964 being leap years, so that ten years of 365 days each or an aggregate of 3,650 days from December 21, 1955 expired on December 19, 1965.