Banco Filipino Savings Vs Court of Appeals
Banco Filipino Savings Vs Court of Appeals
GR No. 129227
Facts
Elsa Arcilla and her husband, Calvin Arcilla, the Appellees in the present recourse,
secured, on three (3) occasions, loans from the Banco Filipino Savings and Mortgage
Bank, the Appellant in the present recourse, in the total amount of P107,946.00 as
To secure the payment of said loans, the Appellees executed "Real Estate Mortgages" in
Under said deeds, the Appellant may increase the rate of interest, on said loans, within
the limits allowed by law, as Appellant’s Board of Directors may prescribe for its
borrowers.
In the meantime, the Skyline Builders, Inc., through its President, Appellee Calvin Arcilla,
secured loans from the Bank of the Philippine Islands in the total amount of
P450,000.00. To insure payment of the aforesaid loan, the FGU Insurance Corporation,
issued PG Bond No. 1003 for the amount of P225,000.00 in favor of the Bank of the
Philippine Islands. Skyline Buildings, Inc., and the Appellees executed an "Agreement of
The Appellees failed to pay their monthly amortizations to Appellant. The latter
forthwith filed, on April 3, 1979, a petition, with the Provincial Sheriff, for the
for the amount of P342,798.00 inclusive of the 17% per annum which purportedly was
The Appellant was the purchaser of the property at public auction for the aforesaid
amount of P324,798.00. On May 25, 1979, the Sheriff executed a "Certificate of Sale"
On September 2, 1985, the Appellees filed a complaint in the Court a quo for the
"Annulment of the Loan Contracts, Foreclose Sale with Prohibition and Injunction, Etc."
The Appellees averred that the loan contracts and mortgages between the Appellees
Issue
Whether or not the filing of the complaint for annulment of the contracts was already barred
by prescription
Held
Petitioner’s claim that the action of the private respondents have prescribed is bereft of merit.
Under Article 1150 of the Civil Code, the time for prescription of all kinds of action where there
is no special provision which ordains otherwise shall be counted from the day they may be
brought. Thus the period of prescription of any cause of action is reckoned only from the date
of the cause of action accrued. The period should not be made to retroact to the date of the
execution of the contract, but from the date they received the statement of account showing
the increased rate of interest, for it was only from the moment that they discovered the