Rule 22 A: It will start to run again when the
COMPUTATION OF TIME defendant receives a court order denying his
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.
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.
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?
So when you file the motion to dismiss on February 8,
interrupted na. So February 8 is not counted. So you
motion to dismiss. consumed 7 days only.
For example: A motion to dismiss is filed Therefore, if he consumed 7 days, he has 8 days pa
on the 7th day (instead of filing an answer). from February 15 to file. So the deadline is February 23.
Then after several weeks, the court denied the Because the law says: The day of the act that caused the
motion to dismiss and he received the order of interruption shall be excluded in the computation of the
denial. period. The act that caused the interruption is the filing of
Q: So how many days more to go? the motion to dismiss and it was filed on February 8. So,
A: Meron pa siyang eight (8) days to go. February 8 is already excluded in the computation of the
But the minimum guaranteed is five(5) days period.
under Rule 12 and 16.
Take note of that, that is a very important point
Now, what is the meaning of the last because it may mean the answer is filed on time or out of
sentence The day of the act that cause the time. Kahit sa appeal, applicable din ito. Thats why that
interruption shall be excluded in the computation provision may sound very innocent but it is a very
of the period. Lets try to illustrate that: important provision.
FACTS: Any extension of time to file the required pleading should
January 31 be counted from the expiration of the period regardless of
defendant is served the fact that the said due date is a Saturday, Sunday or
with summons legal holiday. (AM No. 00-2-14-SC, as explained in Luz vs.
February 8 National Amnesty Commission, GR No. 1597028, Sept. 24,
defendant files a 2004)
motion to dismiss
February 15
defendant receives
order denying motion
to dismiss
Q: What is the deadline for defendant to
file his answer?
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, Im sure if you ask majority of
lawyers and judges with that kind of problem,
JBD
they will give the same answer. But the answer
is WRONG. Why?
289
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.