In the Philippines, the terms “action” and “suit” are synonymous (Lopez vs. Compania de Seguros (16 SCRA 855 [1966]).
The principal issue raised in this appeal is simple: Was the complaint filed by the plaintiff-appellant with the Office of the Insurance Commissioner on May 27, 1960 a commencement of an "action or suit" within the meaning and intent of general condition quoted above?, If it was, then the plaintiff's complaint has not yet prescribed since the complaint filed with the said office was made on May 27, 1960 or just about a month after his claim was rejected by the defendant-appellee on April 28 1960. On the other hand, if the above-quoted condition refers alone to an "action or suit" filed with a court of justice, as the Order appealed from urges and as the herein appellee maintains, then, indeed, must the finding or prescription in this incident be upheld. For, while the plaintiff's claim was rejected on April 28, 1960 by the insurance company, the "action or suit" thereon with a court of justice was filed some 17 months later, September 19, 1961. (G.R. No. L-19613; April 30, 1966).
