Tomas Osmeña v. Jose Gorordo

Summary

This 1905 Supreme Court case involved a contract dispute between Tomas Osmeña and Jose Gorordo over unpaid sugar sales. Gorordo contracted to buy sugar in 1894 with payment in four installments but failed to pay. When Osmeña sued in 1901, Gorordo raised a statute of limitations defense under Article 1966 of the Civil Code. The trial judge initially dismissed the case but died before signing the bill of exceptions. His successor set aside the judgment and granted a new trial, ruling for the plaintiff. The Supreme Court affirmed, holding that Article 1966's five-year limitation applies only to specific recurring obligations like support and rent, not to ordinary commercial contracts. The case establishes that the statute of limitations for certain periodic payments has a narrow application and clarifies procedural rules regarding deceased judges and unsigned bills of exceptions.