- Petitioner
- Pacific Commercial
- Respondent
- Aquino
- Citation
- G.R. No. L-10274
- Court
- Supreme Court
- Decided
- February 27, 1957
Summary
This case involves Pacific Commercial Company's action to recover P733.35 from Venancio B. Aquino, with the debt falling due November 18, 1941, but sued only on February 10, 1953. The trial court dismissed the case as time-barred by the ten-year prescription period. The Supreme Court reversed, clarifying that the moratorium acts were not unconstitutional ab initio but validly suspended prescription periods during wartime and post-war reconstruction. The Court held that Executive Order No. 32 suspended the prescription period from March 10, 1945 until the Rutter case decision on May 18, 1953, meaning only about three years of the ten-year limitation period had actually run. The case establishes important precedent on the effect of moratorium laws on prescription periods and the distinction between declaring a law unconstitutional ab initio versus finding its continued operation unreasonable at a particular time.