M. Computation of Time (Rule 22)

L. Computation of Time (Rule 22)

> 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. (1) 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. (2)

Section 1, Rule 22 provides that when the last day on which a pleading is due falls on a Saturday, Sunday, or legal holiday, time shall not run until the next working day. This rule speaks only of "the last day of the period," so that when a party seeks an extension and the same is granted, the due date ceases to be the last day and hence, the provision no longer applies. Any extension of time to file the required pleading should therefore be counted from the expiration of the period regardless of the fact that said due date is a Saturday, Sunday, or legal holiday. (Reinier Pacific International Shipping, Inc. v. Guevarra, G.R. No. 157020, 2013)

Applicability

In computing any period of time:

• Prescribed or allowed by the Rules,
• By order of the court, or
• By any applicable statute. [Sec. 1, Rule 22]

How to compute time

The day of the act/event from which the designated period begins to run is the excluded and the date of performance included.

Note: If the last day of the period falls on a Saturday, Sunday, or legal holiday in the place where the court sits, the time shall not run until the next working day. [Sec. 1, Rule 22]

Effect of interruption

Should an act be done which interrupts the running of the period, the allowable period after such interruption shall start to run on the day after notice of cessation of the cause thereof.

Note: The day of the act that caused the interruption, shall be excluded in the computation of the period. [Sec. 2, Rule 22]