Philippine Bar review · Question

Practice question: Computation of Time (Rule 22)

Multiple Choice Hard

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?
  1. Counsel is correct because the interrupting day is always counted.
  2. Rule22 §2 excludes the day of the interrupting act; on these facts seven days remain, with resumption the day after notice of cessation.
  3. The defendant may select any number of remaining days.
  4. Every interruption automatically extinguishes the right to act.
  5. 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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