Philippine Bar review · Question

Practice question: Prescription

Multiple Choice Hard

Practice question

A creditor’s action has an applicable unexpired prescriptive period. Before it lapses, the debtor makes a legally sufficient written acknowledgment of the debt. The debtor later insists that only a creditor’s demand can interrupt under Article 1155. Is that correct?
  1. No; the article separately recognizes the debtor’s written acknowledgment
  2. Yes, debtor acknowledgments are excluded
  3. Yes, only oral denials interrupt
  4. Yes, acknowledgment automatically extinguishes the obligation
  5. Yes, only an attorney may acknowledge a debt

Legal references

  • Civil Code, Articles 6, 19-21, 27, 32, 430, 1144-1155, 1757-1758 and 2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.