G.R. No. 12611 – 38 Phil. 424 – Civil Law – Obligations and Contracts – Obligations of Parties – How Extinguished – Prescription
In 1897, one Anastasio Cruz incurred a P2,730.50 loan from Marcela Mariño, wife of Felipe Agoncillo. Cruz however died. Later, in February 1904, the heirs of Cruz, namely: Jose Alano, Anastasio Alano (for his children), and Florencio Alano executed a document whereby they promised to pay Marcela the said debt. The debt is scheduled to mature on February 27, 1905. In 1908, Anastasio Alano paid P200.00 pesos to Marcela. The payment was received as “payment made on the account of the debt of Anastacio Alano”. Apparently, other than the P200.00 payment from Anastasio Alano, no other payment was received from the Alanos.
In 1912, Anastasio Alano died. Crisanto Javier was named as the administrator of Anastasio Alano’s estate.
In March 1916, Agoncillo and Marcela filed a civil case against Javier as administrator of Anastasio Alano’s estate. Florencio and Jose were impleaded.
Javier et al invoked the defense of prescription; that Agoncillo’s claim is barred by the statute of limitations; that Agoncillo has ten years from the date of maturity (February 1905) to collect hence his collection effort in 1916 is already way beyond the prescriptive period.
Agoncillo averred that the payment of P200.00 by Anastasio Alano in 1908 has tolled the running of the prescriptive period hence his civil action in 1916 is still within the 10 year prescriptive period.
ISSUE: Whether or not Agoncillo’s claim is barred by the statute of limitations.
HELD: Yes. One mode of extinguishing an obligation is by prescription. It cannot be said that the payment made by Anastasio Alano in 1908 suspended the running of the period of prescription. For one, it is doubtful that he was ever personally liable to the document executed in February 1904 because he signed the same on behalf of his children (Leonina, Anastacio, Leocadio) – who were not made parties to this case. At any rate, assuming arguendo that the it did toll the running of the statute of limitations, it only suspended it as regards to him alone and it did not bind his brothers (Jose and Florencio). This is because there was no showing that Anastasio Alano made the P200.00 payment with the authority of Florencio and Jose or for the benefit of the two. Further, the payment was received by Marcela as “payment made on the account of the debt of Anastacio Alano”.
