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ARTICLE 1155 Civil Code

The document discusses the interruption of prescription periods for money claims and property acquisition by prescription under Philippine law. It summarizes that: 1) Prescription periods for money claims can be interrupted, and in the absence of a relevant Labor Code provision, Article 1155 of the Civil Code applies. 2) Article 1155 states that prescription is interrupted by filing a court action, a written extrajudicial demand by the creditor, or a written debt acknowledgment by the debtor. 3) While filing a court action stops the prescription period, dismissal or voluntary abandonment of the case results in the parties returning to the same position as if no case was filed.

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Mary Rose Santiago
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284 views1 page

ARTICLE 1155 Civil Code

The document discusses the interruption of prescription periods for money claims and property acquisition by prescription under Philippine law. It summarizes that: 1) Prescription periods for money claims can be interrupted, and in the absence of a relevant Labor Code provision, Article 1155 of the Civil Code applies. 2) Article 1155 states that prescription is interrupted by filing a court action, a written extrajudicial demand by the creditor, or a written debt acknowledgment by the debtor. 3) While filing a court action stops the prescription period, dismissal or voluntary abandonment of the case results in the parties returning to the same position as if no case was filed.

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Mary Rose Santiago
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PRESCRIPTION- Acquisition of Property By

Prescription
In Intercontinental Broadcasting Corp. v. Panganiban, G.R. No. 151407, February 6,
2007, the SC had the occasion to rule that like other causes of action, the prescriptive
period for money claims is subject to interruption, an din the absence of an equivalent
Labor Code provision for determining whether the said period may be interrupted,
Article 1155 of the Civil Code may be applied, (De Guzman v. CA, 358 Phil. 397 (1998),
to wit:

ART. 1155. The prescription of actions is interrupted when they are filed before the
Court, when there is a written extrajudicial demand by the creditors, and when there is
any written acknowledgment of the debt by the debtor.

Thus, the prescription of an action is interrupted by (a) the filing of an action, (b) a
written extrajudicial demand by the creditor, and (c) a written acknowledgment of the
debt by the debtor. On this point, the Court ruled that although the commencement of a
civil action stops the running of the statute of prescription or limitations, its dismissal or
voluntary abandonment by plaintiff leaves the parties in exactly the same position as
though no action had been commenced at all. (Laureano v. CA, 381 Phil. 403 (2000).

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