RULE 22
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.
Rule 22 refers to the
computation of a period fixed by the law, by the rules, or by an order of the
court.
Section 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.
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Article 13, Civil Code
When the law speak of
years, months, days or nights, it shall be understood that years are of three
hundred sixty five days each; months of thirty days; days, of twenty-four
hours; and nights, from sunset to sunrise.
If months are
designated by their name, they shall be computed by the number of days, which
they respectively have.
In computing a period,
the first day shall be excluded, and the last day included.
Example:
A received the summons
on Dec. 16. Under Sec. 1 of Rule 11, B has a period of fifteen (15) days to
Answer from service of summons on him.
Applying the “exclude
the first and include the last” rule in Article 13 of the New Civil Code, you
compute the 15-day period from Dec. 17. So you will have up to Dec. 31, 2012.
But Dec. 31 is usually a legal holiday, so the next day will be Jan. 1, but
Jan. 1 is also a holiday, so the 15-day period will expire on the following
day, assuming that Jan. 2 is not a Saturday or is not a Sunday or is not a
legal holiday in the place where the court sits.
Q. What does Sec. 1 of Rule 22 say?
A. In computing a period, the day of
the act or event from which the period starts to run is excluded.
Q. What is “the day of performance”
here?
A. The filing of the answer.
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