Article 13

Explanation/Discussion:
(1) Examples of how periods are computed
a. 10 months=300 days
Thus a debt payable in 10 months must be paid at the end of 300 days, and not on
the same date of a month, ten months later.
b. 1 year=365 days
This does not, however, apply in computing the age of a person. Thus a person
becomes 21 years old on his 21
st
birthday anniversary, and not on the date arrived
at by multiplying 21 by 365 days. However, in case the law speaks of years (as in
prescriptive periods for crimes), it is believed that the number of years involved
should be multiplied by 365. thus if a crime that is committed today prescribes in 10
years the end of said period would be 365 times 10 or 3,650 days from today. In
effect therefore, the calendar reckoning is used because certain years are leap
years.
c. March = 31 days
This is because the month is specifically designated by name, thus, if in a contract it
is stipulated that performance should be done say in the month of March, the act
can still be validly performed on March 31.
d. One week = seven successive days
But a week of labor, in the absence of any agreement, is understood to comprehend
only six labor days.
(2) Civil or Solar Month
The civil or solar or calendar month is that which agrees with the Gregorian
Calendar, and those months in said calendar are known by the names of January,
February, March, etc. They are composed of unequal portions of time.
(3) Meaning of day applied to the filing of pleadings
If the last day of submitting a pleading is today, and at 11:40 p.m. (after office hours)
today it is filed, the Supreme Court has held that it is properly filed on time because
a day consists of 24 hours. This presupposes of course that the pleading was duly
received by a person authorized to do so.
(4) computation of periods
In computing a period, the first day shall be excluded, and the last day included.
Thus 12 days after august 18, 1988. In others words we just add 12 to the first
mentioned date.
(5) Rule if the last day is a Sunday or a legal holiday
If the last day is a Sunday or a legal holiday, is the act due that day or the following
day? It depends:
a. In an ordinary contract, the general rule is that an act is due even if the last day be
a Sunday or a legal holiday. Thus a debt due on a Sunday must, in the absence of
an agreement, be paid on that Sunday. There are, of course, some exceptions,
among them the maturity date of a negotiable instrument.
b. When the time refers to a period prescribed or allowed by the rules of court, by an
order of a court, or by any order applicable statute, if the last day is a Sunday or a
legal holiday, it is understood that the last day should really be the next day,
provided said day is neither a Sunday nor a legal holiday.



Article 14
Explanation/Discussion
(1) Theories of territoriality and generality
We adhere in the Philippines to that doctrine in criminal law known as the theory of
territoriality that is, any offense committed within our territory offends the state.
Therefore any person, whether citizen or alien, can be punished for committing a
crime here. Thus the technical term generality came into being; it means that even
aliens, male or female come under our territorial jurisdiction. This is because aliens
owe some sort of allegiance even if it be temporary.
(2) Exceptions
a. First the principles of public international law
Examples are the immunities granted diplomatic officials and visiting heads of
states, provided the latter do not travel incognito. If they travel incognito but with the
knowledge of our government officials, heads of states are entitled to immunity. If
the incognito travel is without the knowledge or permission of our country, diplomatic
immunity cannot be insisted upon, and the heads of states traveling maybe arrested.
However, once they reveal their identity, immunity is given. Generally, should a
friendly foreign army be given permission to march through our country or be
stationed here, said army is usually exempt from civil and criminal responsibility.
b. Secondly, the presence of treaty stipulations( thus we have the Philippine-united
states military bases agreement, which contains some
provisions exempting certain members of the armed forces of the united states
from the jurisdiction of our courts).
(3) Constitutionality of the military bases agreement
If bases may validly be granted the United States under our constitution, it follows
necessarily that the lesser attribute of jurisdiction over certain offenses may be
waived or given by law or treaty. Furthermore, the grant of bases necessarily
includes the waiver of jurisdiction within the terms necessary appurtenances to
such bases, and the rights incident thereto.