Monday, July 11, 2011

CIVIL PROCEDURE: HOW TO COMPUTE TIME FOR FILING PLEADINGS IN THE COURT

In computing any period of time prescribed or allowed by the Rules of Court, 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 (Section 1 of Rule 22 of the Rules of Court).  xxxxx

 In Alma Russel vs. Teofista Ebasan, the Supreme Court ruled that when petitioner filed her petition for review with the appellate court on May 15, 2007, the same was well within the extended period for the filing thereof. This is true because petitioner’s Fifteen (15) days from April 28, 2007 would be May 13, 2007. This was, however, a Sunday. On the other hand, May 14, 2007, the following day, was a legal holiday—the holding of the national and local elections. Therefore, the filing of petition on May 15, 2007 was done within the reglementary period. (ALMA B. RUSSEL vs. TEOFISTA EBASAN and AGAPITO AUSTRIA, G.R. No. 184542, April 23, 2010, NACHURA, J.). 

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