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National Marketing Corp VS Tecson GR L-29131

FACTS:
In December 21, 1965 National Marketing Corporation, a judgement creditor and successor to all the properties,
assets, rights and chosen in action of Price Stabilization Corporation filed a complaint to the Court of First Instance in
order to revive the judgement rendered by the same court in November 14, 1955 for Price Stabilization Corp vs
Miguel D. Tecson ordering the latter and Alto Surety and Insurance Co. Inc to pay the former a price of P7,000 plus
7% interest from May 25, 1960 until the amount is fully paid, plus P500 for attorney's fee and plus cost; and that
Tecson should indemnify his co-defendant Alto Surety and Insurance Co., Inc. on the cross-claim for all the amounts
it would be made to pay in the decision, in case Alto Surety and Insurance Co., Inc pay the amount adjudged to Price
Stabilization Corp.

Issue:
W/N the present action for the revival of a judgement is barred by the statue of limitations.

RULING:
The Supreme Court affirmed the ruling of the Regional Trial Court and Court of Appeals dismissing the complaint as it
is beyond the 10-year period pursuant to ART114 of CCP that an action upon judgement "must be brought within 10
years from the right of action accrues" and Art13 "when the law speaks of years...it shall be understood that years are
of three hundred sixty five days each" - and 1960 and 1964 being leap years, the month of February in both had 29
days, so that ten years of 365 days each, or an aggregate of 3650 days, from December 21, 1955 expired on
December 19, 1965.

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