GONZALES VS JOSE

GR No. 43429 October 24, 1938

FACTS:

The plaintiff Benito Gonzales filed an action to recover from the defendant the total
amount of Php547.95 from two promissory notes dated June 22, 1922 and September 13, 1922.
The CFI granted his petition. The defendant now assails that decision claiming that the complaint
was uncertain inasmuch as the notes did not specify when the indebtedness was incurred or when
it was demandable, and that, granting that plaintiff has any cause of action, the same has
prescribed in accordance with law.

ISSUE:

Does plaintiff have a cause of action?

RULING:

Article 1128 of the Civil Code stipulates that if the obligation does not specify a term, but it
is inferred from its nature and circumstances that it was intended to grant the debtor time for its
performance, the period of the term shall be fixed by the Court.

The two promissory notes are governed by Article 1128 because under the terms thereof,
the plaintiff intended to grant the defendant a period within which to pay his debts. However, the
action to ask the court to fix a period has already prescribed. The period of prescription is ten
years, which has already elapsed from the execution of the promissory notes until the filing of
the action on June 1, 1934.