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Article 1144 of the Civil Code: Ten years to sue on a written contract

Status: In force

What does Article 1144 say?

The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract; (2) Upon an obligation created by law; (3) Upon a judgment.

Read the full text on the Supreme Court E-Library

What does it mean in plain language?

Article 1144 of the Civil Code gives ten years to file a case on three things: a written contract, an obligation created by law, and a court judgment. The ten years run from the time the right of action accrues, which means the day the case could first be filed. For a signed loan with a due date, that is usually once the due date passes without payment. If no case is filed in time and the period was never interrupted, the other side can raise prescription as a defense.

"Prescription of actions" means losing the right to sue because too much time has passed. Article 1139 says: "Actions prescribe by the mere lapse of time fixed by law." Article 1144 fixes the period for the three actions it lists. Oral contracts get a shorter one: six years under Article 1145.

How does it work in real life?

Lorie's written loan to Dan

Dan signs a note to repay Lorie ₱60,000 on March 31, 2021. He does not pay. Lorie can sue from then, so her ten years under Article 1144(1) run to about March 2031. If Lorie sends Dan a written demand letter in 2026, that letter interrupts prescription (Article 1155).

Mario's loan with monthly interest

Mario borrowed money from his cousin under a written agreement with monthly interest. He paid interest until March 2024, then stopped. Under Article 1151, the period for the action to collect runs from the last payment of interest, March 2024.

Joy's court judgment

Joy won a collection case. The judgment became final, but the debtor still did not pay. An action upon that judgment must be brought within ten years, counted from the date the judgment became final (Articles 1144(3) and 1152).

These are made-up examples to show how the rule works. They are not advice for any real case.

What does this mean in practice?

What does Article 1144 say?

The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract; (2) Upon an obligation created by law; (3) Upon a judgment.

Article 1144, Civil Code

In plain words, you have ten years to go to court:

  1. On a written contract. A signed loan agreement, a promissory note, a written lease or a written sale. The contract does not need to be notarized to be written. See is a promissory note valid without a notary?
  2. On an obligation created by law. A duty that comes from a law itself, not from an agreement. Article 1158 says such obligations "are not presumed": only those expressly set in the Civil Code or in special laws can be demanded.
  3. On a judgment. A final court decision that orders someone to pay or to do something.

When does the ten-year period start?

The article says the ten years run "from the time the right of action accrues". Article 1150 adds that, unless a special rule says otherwise, the time is counted "from the day they may be brought".

The Civil Code has special starting points for some cases:

  • Principal with interest. When the action is to collect a principal that earns interest, Article 1151 says the time "runs from the last payment of the annuity or of the interest."
  • Judgments. Article 1152 says the period to enforce a judgment "commences from the time the judgment became final."

This page does not cover loans with no fixed due date. When the parties intended a period but did not fix it, or left it to the will of the debtor, Article 1197 says the courts may fix it.

What happens when the ten years are over?

If the period has fully run and was never interrupted, the person being sued can raise prescription as a defense against the case. That is the main effect of Article 1144: it limits the time to go to court.

The ten years can be interrupted. Article 1155 lists three ways: filing the case in court, a written extrajudicial demand by the creditor, and a written acknowledgment of the debt by the debtor. A complaint filed with the punong barangay also interrupts the period, for up to 60 days (Local Government Code, Section 410(c)).

Frequently asked questions

How many years do you have to sue on a written contract in the Philippines?

Ten years. Article 1144 of the Civil Code says an action upon a written contract must be brought within ten years from the time the right of action accrues.

Is a promissory note a written contract under Article 1144?

A signed promissory note or loan agreement is a written contract, so the ten-year period of Article 1144(1) applies to a case to collect on it. An oral loan has six years under Article 1145.

When does the ten-year period start for an unpaid loan?

From the time the right of action accrues. Article 1150 says the time is counted from the day the action may be brought. For a loan with a fixed due date, that is usually when the due date passes without payment.

How long can a court judgment for money be enforced by action?

An action upon a judgment must be brought within ten years (Article 1144(3)), counted from the time the judgment became final (Article 1152).

Can the ten-year period be stopped?

Yes. Article 1155 says prescription is interrupted by filing the case in court, by a written extrajudicial demand by the creditor, and by a written acknowledgment of the debt by the debtor.

General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.

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