Article 1155 of the Civil Code: How prescription of actions is interrupted
Status: In force
What does Article 1155 say?
The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.
What does it mean in plain language?
Article 1155 of the Civil Code lists three acts that interrupt the time to sue: filing the case in court, a written demand by the creditor made out of court, and a written acknowledgment of the debt by the debtor. The key word is "written": a spoken demand or a spoken promise to pay is not on the list. The article does not say how much time is left after an interruption.
Every civil action has a deadline, called a prescriptive period. For example, a case on a written contract must be filed within ten years (Article 1144) and one on an oral contract within six years (Article 1145). Article 1155 explains how that period can be interrupted.
How does it work in real life?
Joan's demand letter
Edwin borrowed ₱25,000 from Joan under a signed note due in June 2021. In April 2026, Joan sends Edwin a signed demand letter asking him to pay. Under Article 1155, that written extrajudicial demand interrupts the prescription of her action.
Edwin's note
A few weeks later, Edwin signs a note: "I still owe Joan ₱25,000 and will pay by December." This is a written acknowledgment of the debt by the debtor. It also interrupts prescription under Article 1155.
Pia's phone call
Pia lent money to her neighbor by word of mouth. For years she only called him to ask for payment, and he only said "next month" on the phone. Neither a spoken demand nor a spoken promise is on the Article 1155 list, so these calls alone do not fit its wording.
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?
- Put demands in writing, date them, and keep proof that the debtor received them.
- Keep any note, letter or signed paper in which the debtor admits the debt, and every receipt of payment.
- For a loan with interest, Article 1151 says the period runs from the last payment of the interest. Proof of interest payments therefore matters too.
- Article 1155 is about civil actions. For crimes, such as estafa or a bounced check, see how many years before a criminal case prescribes?
- For the periods themselves, see the table of prescription of civil actions and how many years can you collect a debt?
- For free or low-cost legal help, see where to find legal help.
What does Article 1155 say?
The prescription of actions is interrupted when they are filed before the court, when there is a written extrajudicial demand by the creditors, and when there is any written acknowledgment of the debt by the debtor.
In plain words, prescription is interrupted by any of these:
- Filing the case in court. The creditor files the action before the period runs out.
- A written extrajudicial demand by the creditor. "Extrajudicial" means outside of court. A demand letter asking the debtor to pay is the usual example.
- A written acknowledgment of the debt by the debtor. For example, a letter or note in which the debtor admits that he or she still owes the money.
What counts as a written demand?
The article asks for a demand that is written and made by the creditor. A signed demand letter delivered to the debtor fits that wording.
The article does not say whether a text message, a chat message or an e-mail is a written demand, and this page does not answer that question. If your demand was sent only by text or chat, ask a lawyer whether it is enough.
A written demand has a second effect. Under Article 1169, a debtor who must deliver or do something is in delay from the time the creditor demands it judicially or extrajudicially. Delay matters for interest and damages. See What is the legal interest rate?
What happens after an interruption?
Article 1155 only says the prescription is "interrupted". It does not say whether the full period runs again or how much time is left after the interruption. That depends on court rulings not covered on this page. So it is not safe to assume that a new ten or six years begins. A lawyer can check the dates in a specific case.
Does going to the barangay interrupt prescription?
Yes, for a short time. Section 410(c) of the Local Government Code says the prescriptive periods are interrupted when the complaint is filed with the punong barangay. It also says the interruption cannot exceed 60 days from the filing.
When a case must first go through barangay conciliation, the law also has an exception for deadlines. Section 412(b) lets the parties go directly to court where the action may otherwise be barred by the statute of limitations. See do I need to go to the barangay first?
Frequently asked questions
Does a demand letter interrupt prescription in the Philippines?
Yes, if it is written. Article 1155 of the Civil Code says prescription of actions is interrupted when there is a written extrajudicial demand by the creditors.
Does a verbal demand interrupt prescription?
Article 1155 speaks of a written extrajudicial demand. A demand made only by word of mouth is not on its list.
Does a later note from the debtor admitting the debt interrupt prescription?
Article 1155 lists any written acknowledgment of the debt by the debtor. A note the debtor signs after the loan, admitting that the debt is still unpaid, fits that wording. For loans with interest, Article 1151 also says the period runs from the last payment of the interest.
Does the period start again from zero after a demand letter?
Article 1155 says only that prescription is interrupted. It does not say how much time is left after the interruption. That depends on court rulings this page does not cover, so ask a lawyer about your dates.
Does a barangay complaint interrupt prescription?
Yes, for a limited time. Section 410(c) of the Local Government Code says filing the complaint with the punong barangay interrupts the prescriptive period, but the interruption cannot exceed 60 days from the filing.
Does Article 1155 apply to criminal cases?
No. Article 1155 is about civil actions, such as a case to collect money. Crimes have their own rules on prescription in the Revised Penal Code and special laws.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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