Petitioner
Jaime Ledesma
Respondent
Court of Appeals
Citation
G.R. No. 106646
Court
Supreme Court
Division
Second Division
Ponente
Regalado, J.
Decided
June 30, 1993

Summary

This case resolved the interpretation of Article 1155 of the Civil Code regarding interruption of prescriptive periods. RCBC sued Ledesma twice for the same trust receipt agreement - first case was dismissed for lack of service, second case was filed years later. Petitioner claimed prescription, but the Supreme Court held that filing the first action interrupted the 10-year prescriptive period under Article 1144(1). Upon dismissal, the full prescriptive period began anew, making the second action timely. The Court clarified that interruption under Article 1155 means the prescriptive period commences anew upon cessation, not merely tolled, ensuring consistent interpretation across all three interruption methods: filing of action, written extrajudicial demand, and written acknowledgment of debt.

Intellegal Wiki · Key Holding

The interruption of prescription under Article 1155 means the full prescriptive period commences anew upon the cessation of the interruption, not that it is merely tolled.

An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.

Statutes applied

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By the Intellegal Editorial Board · June 30, 1993

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