Short answer. Yes. Civil Code Article 1155 lists a written extrajudicial demand by the creditor as one of the three ways to interrupt prescription. Sending the demand letter restarts the prescriptive period from zero — but it must be in writing, and you should keep proof that it was sent.
What the law says
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.
Civil Code, Article 1155 — The Three Ways to Interrupt Prescription. Read the full provision →
Three ways to interrupt prescription under Article 1155
Article 1155 provides exactly three methods of interrupting the running of prescription on a cause of action. First, filing the action before a court. Second, making a written extrajudicial demand — a demand that is made outside of court, directly to the debtor, and must be in writing. Third, a written acknowledgment of the debt by the debtor. Any one of the three stops the clock. After interruption, the full prescriptive period begins running again from zero — it does not merely resume from where it was paused.
The demand must be in writing
The key requirement for the second method is that the demand be written. An oral demand — a phone call, a face-to-face conversation, a verbal reminder — does not interrupt prescription under Article 1155. Only a written demand counts. This means a properly drafted and transmitted demand letter, a written notice, a text message that clearly and unambiguously demands payment, or any other written communication asserting the creditor's claim. The requirement exists because written demands are verifiable — they can be produced in court to prove that the interruption occurred on a specific date.
What 'extrajudicial' means
Extrajudicial means the demand is made outside of court — before any lawsuit is filed. This distinguishes it from the first method, which is filing the action in court. A demand letter sent to the debtor, a formal written notice served through counsel, or even a written notice served through another channel all qualify as extrajudicial, as long as they are in writing and clearly communicate that the creditor is demanding fulfilment of the obligation. The purpose is to put the debtor on formal notice that the creditor has not abandoned the claim.
Practical steps for protecting your claim
If you sent a demand letter, keep a copy and preserve evidence that it was received — a registered mail return card, a courier tracking confirmation, or a written acknowledgment from the debtor. If the debtor responded in writing and the response acknowledges the debt, that response also interrupts prescription independently. Each written demand that is sent and received gives you a fresh prescriptive period from the date of interruption. If the period is long — say, ten years on a written contract — a series of written demands can keep the claim alive while you wait for the debtor's financial position to improve. But relying on demand letters indefinitely without eventually filing an action carries its own risks, and consulting a lawyer about when to proceed with a court claim is advisable.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Flavio P. Bautista vs. Premiere Development Bank, G.R. No. 201881, July 15, 2024 — read the decision on LawPhil →
- Philippine Bank of Communications vs. Diamond Seafoods Corp., et al, G.R. No. 142420, January 29, 2007 — read the decision on LawPhil →
- National Union of Workers in Hotel Restaurant and Allied Industries , Philippine Plaza Chapter vs. Philippine Plaza Holdings, Inc, G.R. No. 177524, July 23, 2014 — read the decision on LawPhil →
- William Alain Miailhe vs. Court of Appeals, et al, G.R. No. 108991, March 20, 2001 — read the decision on LawPhil →