Practice question
A debtor in the situation governed by De Agbayani computes prescription by counting every day of the moratorium as though it never existed, solely because it was later invalidated. Which response follows that decision?
- Later invalidity necessarily requires that computation.
- The computation must account for the recognized tolling while the moratorium operated.
- The debt automatically triples.
- The mortgage becomes unenforceable solely because a case was filed.
- Only the debtor may choose the legal period.
Legal references
- De Agbayani v. Philippine National Bank, G.R. No. L-23127, April 29, 1971, main decision: https://lawphil.net/judjuris/juri1971/apr1971/gr_23127_1971.html
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