Practice question
An original period is ten calendar days. Three counted days have elapsed before an act effectively interrupts it; the day of that interrupting act has not yet been counted. The governing rule merely suspends the remaining period, and no fresh-period doctrine applies. Counsel proposes counting the interrupting day as a fourth elapsed day and granting only six days after cessation. Which is correct?
- Counsel is correct because the interrupting day is always counted.
- Rule22 §2 excludes the day of the interrupting act; on these facts seven days remain, with resumption the day after notice of cessation.
- The defendant may select any number of remaining days.
- Every interruption automatically extinguishes the right to act.
- Rule22 requires a fresh ten days in every interrupted period.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules18–22.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — retained provisions of Rules19–22, read with 2019 amendments.
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