NATIONAL MARKETING CORPORATION, plaintiff-appellant,

vs.

MIGUEL D. TECSON, ET AL., defendants,

MIGUEL D. TECSON, defendant-appellee,

THE INSURANCE COMMISSIONER, petitioner.

G.R. No. L-29131 August 27, 1969

Facts: On November 14, 1955, in the civil case entitled "Price Stabilization Corporation vs. Miguel D.
Tecson and Alto Surety and Insurance Co., Inc.," the CFI ordered Tecson and Alto Surety to pay jointly
and severally PRATRA and for Tecson to indemnify Alto Surety.

A copy of the decision was served upon Tecson and Alto Surety on November 21, 1955. On December
21, 1965, the National Marketing Corporation, as successor to all the properties, assets, rights, and
choses in action of the Price Stabilization Corporation, filed a complaint against Tecson and Alto Surety
for the revival of the judgment. Tecson moved to dismiss upon the ground of lack of jurisdiction and
prescription of action. The CFI indeed dismissed the complaint for having prescribed.

The National Marketing Corp. appealed to the CA, which certified the case to the SC.

Issue: Whether or not the action for the revival of a judgment was barred by the statute of limitations.

Ruling: Pursuant to Art. 1144(3) of the Civil Code, an action upon a judgment "must be brought within
10 years from the time the right of action accrues," which, in the language of Art. 1152 "commences
from the time the judgment sought to be revived has become final." This took place on December 21,
1955. The issue is thus confined to the date on which 10 years from December 21, 1955 expired.

Pursuant to Art. 7 of the Civil Code, whenever months are referred to in the law, it shall be understood
that the months are of 30 days, not the "natural" or "solar" or "calendar" months, unless they are
designated by name. This concept was later modified by Sec. 13 of the Revised Administrative Code,
pursuant to which, a month shall be understood to refer to a calendar month. In the language of the SC
in People vs. Del Rosario, with the approval of the Civil Code of the Philippines (RA 386), it shall be
understood that years are of 365 days.

The order appealed from was affirmed.