COMPUTATION OF TIME

PEOPLE OF THE PHILIPPINES vs. PAZ M. DEL ROSARIOG.R. No. L-7234 May 21, 1955

Facts:On May 28, 1953, Paz M. Del Rosario committed slight physical injuries. The information was filed on July 27, 1953. Thereupon, the accused filed a motion to quash the information to ground that the offense charged had already prescribed in accordance with Article 90 and 91 of the Revised Penal Code. The municipal court sustained this motion and dismissed the case. Thus, this appeal of dismissal is made directly to the court.

Issue:Whether or not the offense charged to the plaintiff-appellant had already prescribed.

Ruling:The offense have not yet prescribed because the provision in the Revised Penal Code does not provide the computation of month therefore it must be supplied by Article 13 of the Civil Code which provides for the computation of years, months, days and nights. According to Article 13 of the Civil Code a month is a 30-day month not the solar or civil month. Further, the Supreme Court held that the case took effect on May 28, 1953 after the New Civil Code take effect so the new provisions should apply.