SECTION 1 - How to compute time.—In computing any period of
time prescribed or allowed by these Rules, or by order 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 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)
Breakdown of Provision
A. In computing any period of time:
1. Day of the act or event from which the designated period of time begins to run is excluded
2. Date of performance included
B. If last day of period falls on a Saturday, Sunday, or legal holiday in the place where the court sits
1. Time shall not run until the next working day
Note: First day excluded and last day included
Art. 13, CC – When the law speaks of years, months, days or nights, it shall be understood that years are of 365 days each; months, of 30 days; days, of 24 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.
Since Rule 22 is based on the provisions of Art. 13, the meaning of the terms therein are also applicable
- A pleading filed on the last day of the reglementary period but after office hours is still considered reasonably filed if duly mailed (Caltex Phil. Inc. v. Katipunan Labor Union) - Or is received by a person authorized to do so (De Chavez
v. Ocampo)
Applicability of Rule 22
- The rule refers to the computation of period of time - It does not apply to a specific date fixed for the
performance of an act
- It applies only when the period of time is prescribed by the Rules, by order of court, or by any applicable statute Rule 22 adopts the rule on pretermission of holidays – the exclusion of such holidays in the computation of the period, whenever the first 2 conditions stated in Sec. 1 are present
In considering the application of the rule on pretermission of holidays:
- The 2nd sentence of Sec. 1 refers to the place where the
court sits
- Note that some non-working holidays are applicable to and observed only in some particular places
So, the method of computation under Rule 22 does not generally apply to the following cases:
- Those provided in a contract (Art. 1159)
- A specific date fixed for a court hearing or foreclosure sale - Prescriptive (not reglementary) periods specifically
provided by the RPC for felonies therein E.g. Computation of the appeal periods
- First day excluded
- Last day included
Unless it is a Saturday, Sunday, or legal holiday a. In such case, the time shall run until the end of
the next day which is neither a Saturday, Sunday nor a Holiday
(1) Note that under the present rules, Saturday is included in the pretermission of holidays b. The period to perfect an appeal is extended ipso
jure to the first working day immediately following
Note: 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
A.M. No. 00-2-14-SC
A. Sec. 1, Rule 22 applies in the matter of filing of pleadings in courts when the due date falls on a Saturday, Sunday, or legal holiday
1. In which case, the filing of the said pleading on the next working day is deemed on time
B. Question: If the period is extended ipso jure to the next working day immediately following where the last day of the period is a Saturday, Sunday, or legal holiday
1. So that when a motion for extension is filed, period of extension is to be reckoned from the next working day and not from the original expiration of the period C. The Court resolves:
1. Sec. 1, Rule 22 speaks only of the last day of the period
a. So when a party seeks an extension and the same is granted, the due date ceases to be the last day
b. Hence, the provision no longer applies
2. Any extension of time to file should be counted from the expiration of the period regardless of the fact that said due date is a Saturday, Sunday, or legal holiday
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. (n)
Pretermission of Holidays
- Sec. 28, Rev. Admin. Code – Where the day, or the last day, for doing an act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day
- It was earlier held that the computation of the appeal period is to the effect that the first day shall be excluded but the last day of the period so computed is to be included Unless it is a Sunday or a legal holiday
a. In which event, the time shall run until the end of the next day which is neither a Sunday nor a holiday
b. Note that the present rule includes Saturday in the pretermission of holiday
Holidays (Sec. 26, Chap. 7, Book 1, Admin Code) A. Regular Holidays
1. New Year’s Day – Jan. 1
2. Maundy Thursday – Movable date 3. Good Friday – Movable date 4. Araw ng Kagitingan – April 19 5. Labor Day – May 1
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6. Independence Day – June 12
7. National Heroes Day – Last Sunday of August 8. Bonifacio Day – Nov. 30
9. Christmas Day – Dec. 25 10. Rizal Day – Dec. 30 B. Nationwide Special Days
1. All Saints Day – Nov. 1 2. Last Day of the Year – Dec. 31
C. Sec. 27 – Local Special Days - The president may proclaim any local special day for a particular date, group or place Filing of Motion for New Trial Interrupts Period to Appeal
The filing of a proper motion for new trial interrupts the running period of appeal which begins to run again from receipt of notice by the movant of the order denying his motion.
As held in Lloren v. de Veyra
- The party adversely affected has only the balance of the period within which to perfect his appeal
- Balance is the number of days remaining of the reglementary period after deducting the time during which the motion was pending
- If the motion for new trial was filed on the last day of the reglementary period, the movant may appeal within the day following the service on him of the order denying his motion
Applying the ruling in Lloren:
- Where the MFR was filed on Sep. 13, the 15th day after
petitioner received a copy of the court’s decision Denial of motion was received Sep. 30 - Then the last day to perfect appeal was on Oct. 1
Right to file the petition for review would have expired on Oct 1, not Sep. 30
- When the petitioner asked for an extension of 15 days to file his petition for review,
The 15-day period no longer includes Oct .1 because that day was already given to him by Rule 41 The 15-day period is on top of Oct. 1 It starts on Oct. 1 and ends on Oct. 16 NOTE: The foregoing rule NO LONGER HOLDS TRUE
To standardize the appeal periods provided in the Rules and to afford litigants fair opportunity to appeal, the Court en banc deems it practical to allow a fresh period of 15 days within which to file the notice of appeal in the RTC, counted from the receipt of order denying a motion for a new trial or motion for reconsideration This Fresh Period Rule shall also apply to:
1. Rule 40 – appeals from MTC to RTC
2. Rule 42 – petitions for review from RTC to the CA 3. Rule 43 – appeals from quasi-judicial bodies to CA 4. Rule 45 – appeals by certiorari to the SC
This new rule aims to regiment or make the appeal period uniform - Counted from the receipt of the order denying motion for
new trial, motion for reconsideration, or any final order or resolution
In summary:
- The fresh period of 15 days becomes significant only when a party opts to file a motion for new trial or motion for reconsideration
- A party litigant may either:
a. File his notice of appeal within 15 days from receipt of the RTC’s decision or
b. File it within 15 days from receipt of the final order denying his motion for new trial or motion for reconsideration
- The new 15-day period may be waived only if either motion is filed
- Otherwise, the decision becomes final and executory after the lapse of the original appeal period provided in Rule 41, Sec. 3
When Pretermission of Holiday Applies
- The pretermission applies only where the day or the last day for doing any act, required or permitted by law, falls on a holiday or when the last day of a given period for doing an act falls on a holiday
- It does not apply to a day fixed by an office or officer of government for an act to be done
- E.g.
1. If a party is required by law to file his answer to a complaint within 15 days from receipt of summons, and the last day is a holiday, last day is deemed moved to the next succeeding, business day
2. But if the court fixes the trial of a case on a certain day bit said date is subsequently declared a public holiday, the trial thereof is not automatically transferred to the next succeeding business day