Vous êtes sur la page 1sur 2

Rule 22

COMPUTATION OF TIME

Section 1. How to compute time. In computing any period of time prescribed


or allowed by these Rules, or by order of the court, or by any applicable
statute, the day of the act or event from which the designated period of time
begins to run is to be excluded and the date of performance included. If the
last day of the period, as thus computed, falls on a Saturday, a Sunday, or a
legal holiday in the place where the court sits, the time shall not run until
the next working day. (n)

This is what is known as “EXCLUDE THE FIRST AND INCLUDE THE LAST DAY” rule. That is
how it has always been done even before this new rule. However, it was not expressed, there is
nothing in the previous rules mentioning that rule but that was really the rule followed.

So, if you received the summons today, for example and you have 15 days to answer, you start
counting 1(one) tomorrow, not today because the day of the act or event from which the designated
period of time begins to run is to be excluded.

Q: Now what happens if the last day to answer falls on a Saturday, Sunday or a legal holiday?
A: Then, the time shall not run until the next working day. So there will be an automatic extension
to Monday or the next working day.

So at least, the new rules now embody the rule of computation of time.

Sec. 2. Effect of interruption. Should an act be done which effectively


interrupts the running of the period, the allowable period after such
interruption shall start to run on the day after notice of the cessation of the
cause thereof.
The day of the act that caused the interruption shall be excluded in the
computation of the period. (n)

EXAMPLE: The defendant received the summons and the complaint on a certain day. He has 15
days to file his answer. An example of an act in between which effectively interrupts the running of the
15-day period is when the defendant files a motion to dismiss instead of filing an answer, or a motion
for a bill of particulars. In which case, the running of the 15-day period stops. And since it is stopped,
you cannot declare the defendant in default.
Q: Now, when will it start to run again?
A: It will start to run again when the defendant receives a court order denying his motion to
dismiss.

For example: A motion to dismiss is filed on the 7th day (instead of filing an answer). Then after
several weeks, the court denied the motion to dismiss and he received the order of denial.
Q: So how many days more to go?
A: Meron pa siyang eight (8) days to go. But the minimum guaranteed is five(5) days under Rule 12
and 16.

Now, what is the meaning of the last sentence “The day of the act that cause the interruption shall
be excluded in the computation of the period.” Let’s try to illustrate that:

FACTS:
January 31 – defendant is served with summons
February 8 – defendant files a motion to dismiss
February 15 – defendant receives order denying motion to dismiss

Q: What is the deadline for defendant to file his answer?

289
JBD
A: The 15-day period started to run on January 31. From January 31 to February 8, he consumed 8
days. From February 8 to 15, not counted because interrupted man by motion to dismiss. Then, on
February 15, he received the order denying his motion to dismiss.

So the remaining balance of the 15-day period starts to run again. And 15 minus 8 is equal to 7.
Therefore, February 15 + 7 = February 22. That is how you arrive at your (WRONG) answer.

Now, I’m sure if you ask majority of lawyers and judges with that kind of problem, they will give
the same answer. But the answer is WRONG. Why?

Q: How many days did he consume from January 31 to February 8?


A: Hindi naman 8 days eh. 7 days lang because the filing of the motion to dismiss has interrupted.

So when you file the motion to dismiss on February 8, interrupted na. So February 8 is not counted.
So you consumed 7 days only. Yaaaannnn…….

Therefore, if he consumed 7 days, he has 8 days pa from February 15 to file. So the deadline is
February 23. Yaaaannnn! Because the law says: “The day of the act that caused the interruption shall be
excluded in the computation of the period.” The act that caused the interruption is the filing of the
motion to dismiss and it was filed on February 8. So, February 8 is already excluded in the computation
of the period.

Take note of that, that is a very important point because it may mean the answer is filed on time or
out of time. Kahit sa appeal, applicable din ito. That’s why that provision may sound very innocent
but it is a very important provision.

<

290
JBD