Philippine Bar review · Question

Practice question: Prescription

Multiple Choice Medium

Practice question

Before prescription expires, a creditor makes a legally sufficient written extrajudicial demand covered by Article 1155. What effect does that provision identify?
  1. It automatically changes every claim into a criminal case.
  2. It interrupts prescription.
  3. It necessarily extinguishes the claim.
  4. It is irrelevant because only oral demands count.
  5. It automatically creates a new mortgage.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1144,1146,1148 and1150–1155.
  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules of Court, Rule 111 sections 2–3: tolling and independent civil actions.

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