NATIONAL MARKETING CORPORATION VS. TECSON GR no.

L-2013127 August 1969

Facts:
December 21, 1965, National Marketing Corporation filed a complaint, docketed as civil case
no. 63701on the same court, as successor of the Price Stabilization Corporation, against the same
defendant from10 years ago. Defendant Miguel Tecson moved to dismiss the said complaint upon
the ground lack of jurisdiction over the subject matter of that and prescription of action. The court,
then, issued an order of dismissal with regards the article 13 of the civil code. However, National
Marketing Corporation appealed to the court of appeals from such order. Looking at the fact that
1960 and 1964 is a leap year, they insisted that a year means a calendar year and a leap year would
still be counted as 1 year even if it consists of 366 days. The case reached its conclusion with the
appellants theory with regards to the article 13 of the civil code.

Issues:
Whether or not the term year as used in the article 13 of the civil code is limited to 365 days.

Held:
NO. "When the laws speak of years ... it shall be understood that years are of three hundred
sixty-five days each" according to Art. 13 of our Civil Code. 1960 and 1964 being leap years, the
month of February in both had 29 days, so that ten (10) years of 365 days each, or an aggregate of
3,650 days, from December 21, 1955, expired on December 19, 1965.

The term year as used in the article 13 of the civil code is limited to 365 days. However, it is
said to be unrealistic and if public interest demands a reversion to the policy embodied in the revised
administrative code, this may be done through legislative process and not by judicial decree.