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RULE 22

COMPUTATION OF TIME
SECTION 1
HOW TO COMPUTE TIME

1. 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. (a)
• Article 13 of the New 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.
ILLUSTRATION

• A was summoned Dec. 16, 1999. Under Sec. 1 of


Rule 11, B has a period of fifteen (15) days from
service of summons on him.Under the provisions of
Article 13 of the New Civil Code. “exclude the first and
include the last” rule, you compute this 15-day period
from Dec. 17, 1999. So you will have up to Dec. 31,
1999. 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
• 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. This is what actually Article 13 of Civil
Code is saying: “The day of performance is
included.”

• Q. What is “the day of performance” here


• ?A. The filing of the answer. But under Article 13,
the day of performance here is the last day.
“Exclude the first, include the last.”
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
EXAMPLE

• B was summoned Jan. 2, 1999. Under Sec. 1 of


Rule 11, B has a period ending Jan. 17, 1999.
This is the day of performance (Jan.17, 1999).
Let us assume however that B filed on Jan. 7,
1999, a motion to dismiss.
• Q. What is the effect of the filing on Jan. 7, 1999
on the running of this period starting Jan. 3 and
ending Jan. 17?
• A. It suspended the running of the period.
Since there were five (5) days of the 15-
day period under Sec. 1 Rule 11, there
were ten (10) days remaining because
between Jan. 2 and Jan. 7, a 5-day period
has already elapsed. There was a period of
ten (10) days remaining.This10-day period
remaining of the original 15-day period is
the so-called “allowable period” referred to
in Sec. 2 Rule 22.
• On the assumption that this motion to
dismiss is denied
• ,Q. What is the effect of the denial of
the motion to dismiss on the
remaining period within which to file the
answer?A. It will start to run. It will
resume its running. Why? Because it
started but when the motion to dismiss
was filed, the running was interrupted
but when the motion to dismiss was
denied, the running must resume.
(Hinto! …tapos… Takbo!)
• Q. What is the allowable period that
starts to run after this order denying
the motion to dismiss was issued?
• A. The law says, “this allowable
period shall start to run the day
following the receipt of the notice of
the cessation of the period.”