Professional Documents
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COMPUTATION OF TIME
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: The last day is automatically the next working day.
So at least, the new rules now embody the rule of computation of time.
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
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?
JBD 290
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.
Any extension of time to file the required pleading should be counted from the
expiration of the period regardless of the fact that the said due date is a Saturday,
Sunday or legal holiday. (AM No. 00-2-14-SC, as explained in Luz vs. National
Amnesty Commission, GR No. 1597028, Seept. 24, 2004)
JBD 291