National marketing corporation vs Tecson (GR no. L-20131, 27 August 1969)

Facts:

December 21, 1965, National Marketing Corporation filed a complaint, docketed as civil case no. 63701 on the same court, as successor of the Price Stabilization Corporation, against the same defendant from 10 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 appellant's 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.

Ruling:

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.