Back

Matias Aznar III, etal. Vs. Juanito A. Bernad, etal

SPOUSES MATIAS B. AZNAR III and ELEONOR S. AZNAR, petitioners, vs. HON. JUANITO A. BERNAD, In His Capacity as Presiding Judge of Branch XXI, RTC, Cebu, and the SPOUSES NICOLAS L. KINTANAR and REDEMPTA C. KINTANAR, respondents.

G.R. No. L-81190 | 1988-05-09

D E C I S I O N


SARMIENTO, J.:

Squarely presented for our consideration in this case, certified to us by the Court of Appeals 1 as involving purely question of law, is whether or not the affirmative defense of prescription may be validly set up for the first time in an amended answer. We rule in the affirmative.

Briefly, it appears that on September 15, 1986, the private respondents, the spouses Nicolas and Redempta Kintanar, as plaintiffs, filed in the Regional Trail Court of Cebu, a civil action against the defendants-spouses, the herein petitioners, praying for the annulment of a Sheriffs Certificate of Sale, damages, and attorney's...