- Petitioner
- Philippine National
- Respondent
- Court of Appeals
- Citation
- G.R. No. L-27117
- Court
- Supreme Court
- Decided
- July 30, 1969
Summary
The Supreme Court ruled that partial payment of a debt does not interrupt the prescriptive period for reviving a judgment under Article 1155 of the Civil Code. The Court emphasized that the Civil Code requires 'written' acknowledgment to interrupt prescription, unlike the old Spanish Civil Code. PNB's attempt to revive a 1953 judgment in 1964 based on Cornejo's P150 partial payment in 1956 failed because the payment, evidenced only by a creditor's receipt, did not constitute written acknowledgment by the debtor. The decision clarifies that actions to revive judgments prescribe from when they become final, and partial payments without written acknowledgment cannot toll this period. This affirmed the Court of Appeals' reversal of the trial court's pro-PNB decision.