Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1905 > October 1905 Decisions > G.R. No. 1962 October 12, 1905 - JOSE PINEDA, ET AL. v. GABINO GASATAYA

005 Phil 139:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 1962. October 12, 1905. ]

JOSE PINEDA ET AL., Plaintiffs-Appellees, v. GABINO GASATAYA, Defendant-Appellant.

Jovito Yusay, for Appellant.

Gregorio Pineda, for Appellees.

SYLLABUS


1. ACTIONS; PRESCRIPTION. — Under the provisions of law in force prior to December 8, 1889, when the Civil Code was put into effect in the Philippines, the term of prescription for personal actions for the recovery of money was twenty years, counted from the time when the cause of action accrued.

2. ID.; ID. — Under the provisions of the Civil Code such actions prescribe in fifteen years from the time when the cause of action accrues.

3. ID.; ID. — When the cause of action accrued before the Civil Code was put in force, the provisions of the old law touching prescription must be applied, except in those cases where the entire prescription period of the Civil Code has elapsed since that went into effect.


D E C I S I O N


CARSON, J. :


There was no motion for a new trial in this case, hence the findings of fact in the decision of the trial court are accepted as correct.

Gabino Gasataya, the defendant, entered into a written agreement with one Crisanto Pineda, deceased, father of the plaintiffs, Whereby Gasataya promised to pay Pineda the sum of 1,740 pesos and 14 centimos on or before the 1st day of April, 1887, with interest from that date at the rate of 200 per cent per annum.

Judgment for principal and interest was rendered in favor of the plaintiffs, and from this judgment defendant appeals, assigning as error the failure of the trial court to find that the right of action had prescribed under the provisions of article 1964 of the Civil Code.

Article 1939 of that code is as follows:jgc:chanrobles.com.ph

"Prescription which began to run before the publication of this code shall be governed by the prior laws; but if, after this code became operative, all the time required in the same for prescription has elapsed, it shall be effectual, even if according to said prior laws a longer period of time may be required."cralaw virtua1aw library

This is a personal action for the recovery of money, and such actions prescribe in twenty years from the date when the cause of action accrues under the laws in force prior to the publication of the Civil Code, and in fifteen years under the provisions of article 1964 of that code. (Law 63 of Toro, law 5, title 8, book 11 of the Novisima Recopilacion.)

The cause of action in this case accrued on the 1st day of April, 1887, and the Civil Code did not become operative until the 8th day of December, 1889; therefore on the 19th day of August, 1902, when the complaint was filed, there had not elapsed the twenty-year period of prescription of the old law, counting from the date when the cause action accrued, nor the fifteen-year period of prescription of the new law, counting from the date when the Civil Code became operative, and we are of opinion that the defendant’s claim of prescription can not be sustained.

The judgment of the trial court is affirmed with the costs of this instance against the appellant, and at the expiration of twenty days judgment will be entered in accordance herewith and the case remanded to the court below in order that the judge may proceed in accordance with law. So ordered.

Arellano, C.J., Torres, Mapa and Johnson, JJ., concur.

Willard, J., did not sit in this case.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





October-1905 Jurisprudence                 

  • G.R. No. 2123 October 3, 1905 - VICENTA NERY LIM-CHINGCO v. CRISANTA TERARIRAY, ET AL.

    005 Phil 120

  • G.R. No. 2124 October 7, 1905 - SIMEON DU-YUNGCO v. MACARIO BARRERA

    005 Phil 125

  • G.R. No. 2137 October 9, 1905 - UNITED STATES v. DOMINGO BALUYUT

    005 Phil 129

  • G.R. No. 1273 October 10, 1905 - UNITED STATES v. BENITO VARGAS, ET AL.

    005 Phil 136

  • G.R. No. 1700 October 12, 1905 - MIGUEL PICCIO ARANETA v. JOSE GARRIDO

    005 Phil 137

  • G.R. No. 1962 October 12, 1905 - JOSE PINEDA, ET AL. v. GABINO GASATAYA

    005 Phil 139

  • G.R. No. 2054 October 14, 1905 - UNITED STATES v. MATIAS BUNAGAN

    005 Phil 141

  • G.R. No. 2091 October 18, 1905 - COMPAÑIA GENERAL DE TABACOS v. SEBASTIAN VICTOR MOLINA, ET AL.

    005 Phil 142

  • G.R. No. 2238 October 19, 1905 - LEONCIA LIUANAG v. YU-SON-QUIAN

    005 Phil 147

  • G.R. No. 2284 October 20, 1905 - UNITED STATES v. JOSE PARAISO

    005 Phil 149

  • G.R. No. 2631 November 18, 1905 - EDWIN H. WARNER v. 771 OBJECTORS

    005 Phil 153

  • G.R. No. 2631 October 21, 1905 - EDWIN H. WARNER v. 771 OBJECTORS

    005 Phil 330

  • G.R. No. 1847 October 23, 1905 - VIDAL CAUSIN v. DIONISIO JAKOSALEM

    005 Phil 155

  • G.R. No. 2536 October 23, 1905 - SILVINA LEGASPI v. JOHN C. SWEENEY

    005 Phil 157

  • G.R. No. 1442 October 24, 1905 - JOSE REGALADO v. MARIA GONZAGA, ET AL.

    005 Phil 159

  • G.R. No. 1750 October 26, 1905 - GUILLERMO BAXTER, ET AL. v. ZOSIMO ZUAZUA, ET AL.

    005 Phil 160

  • G.R. No. 1923 October 26, 1905 - IGNACIO DE ICAZA, ET AL. v. MATEO O. PEREZ

    005 Phil 166

  • G.R. No. 2346 October 26, 1905 - ALBINO SANTOS, ET AL. v. SIMPLICIO DEL ROSARIO

    005 Phil 171

  • G.R. No. 1403 October 27, 1905 - JOSE E. ALEMANY, ET AL. v. JUANA MORENO

    005 Phil 172

  • G.R. No. 2599 October 27, 1905 - CARMEN P. LINART v. MARIA JUANA I. UGARTE

    005 Phil 176

  • G.R. No. 2651 October 27, 1905 - MACARIO CASTRO v. CARMEN CASTRO

    005 Phil 180

  • G.R. No. 1595 October 28, 1905 - CARMEN AYALA DE ROXAS v. JUANA VALENCIA

    005 Phil 182

  • G.R. No. 2353 October 28, 1905 - ZOILO GARCIA VASQUEZ v. P.B. FLORENCE

    005 Phil 183

  • G.R. No. 2945 October 28, 1905 - B.H. MACKE, ET AL. v. JOSE CAMPS

    005 Phil 185