GARCIA v MATHIS Although the general rule is that an action will not be held to

Petitioner: Sulpicio Garcia
Respondents: Colonel Paul Mathis (Base Commander of
Clark Air Force Base [CAFB] or his successor; CFI of
Pangasinan
G.R. No. L-48577; September 30 1980; J. Abad Santos
DOCTRINE:
Although the general rule is that an action will not be held to
have prescribed if prescription is not expressly invoked, one of
the exceptions to this is when the petitioners own allegations
in his complaint show clearly that the action has prescribed.
FACTS
1. Garcia was a civilian employee in the CAFB who was
dismissed from service due to allegations of bribery.
2. Garcia filed a case in the CFI of Pangasinan against
Colonel Mathis in his official capacity.
3. Mathis entered a special appearance so he only presented
as defense in his motion to dismiss, the lack of jurisdiction
of the court because he was being sued as the
representative of a foreign sovereign who does not
consent to the maintenance of the suit.
4. CFI of Pangasinan dismissed the case on the ground that
the cause of action had already prescribed (a ground
which the defendant did not raise)
have prescribed if prescription is not expressly invoked, one of
the exceptions to this is when the petitioners own allegations
in his complaint show clearly that the action has prescribed.
In the case-at-bar, the complaint of Garcia clearly showed that
his action was filed 21 years after his dismissal (dismissal
-1956; Case filing 1977). Thus, his cause of action has
already prescribed.
OTHER TAKEAWAYS:
1. If defendant entered a special appearance, he is
constrained to confine himself in only showing that the
court did not have jurisdiction over his person. He has to
exclude all other non-jurisdictional ground in his MTD.
Otherwise, he is deemed to have abandoned his special
appearance and voluntarily submitted himself to the
jurisdiction of the court.
DISPOSITION:
Petition was dismissed.

ISSUES
Can a judge dismiss a complaint based on the ground of
prescription which the defendant did not raise in any of his
pleadings?

HELD/RATIO:
Generally, NO. In this instance, YES.