- Petitioner
- Faustino Lichauco
- Respondent
- Raymunda Soriano
- Citation
- G.R. No. 11413
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Johnson, J.
- Decided
- October 28, 1916
Summary
This case involved a mortgage debt from 1889 where the creditor's heirs sued to collect P6,600 after her death. The Supreme Court ruled that the 20-year prescription period under Article 1964 of the Civil Code had expired before the action was filed in 1910. The debt was originally due in May 1890, and absent proof that the creditor elected to extend payment for another year, the prescription period began running June 1, 1890. Since the action was filed November 2, 1910 - more than 20 years later - it was time-barred. The case demonstrates the strict application of prescription periods in debt collection and the importance of timely filing legal actions. It also shows procedural complexities when necessary parties are omitted from the original complaint.