Q.

A lent money to B in 1950 payable in 1951. Despite demand, B failed to pay. In 2011, his daughter who recently became a lawyer sent a demand for payment to B who sent a letter acknowledging the debt and asked for one (1) year to pay but failed to pay within the extended period. A filed a complaint for sum of money. How do you think the court will decide?

A. Dismiss the action due to prescription;
B. Dismiss due to laches;
C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
D. Dismiss on the ground of estoppel.
Answer» C. Decide for A because there was a waiver of prescription acquired by B. (Art. 1112, NCC);
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