Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No.__ 1032

Introduced by Hon. Faustino Michael T. Dy Ill

EXPLANATORY NOTE

It might be a surprise to the ordinary person that the layman's understanding
and use of terms referring to periods of time such as months, years, etc., is not in
accord with jurisprudence.

In a half-century-old landmark case that is still controlling to this day, the
Supreme Court in 1969 ruled in Namarco v Tecson that “years are of three hundred
sixty-five days,” and therefore the action for the revival of judgment, which became
final on December 21, 1955, had prescribed. The complaint was filed on December
21, 1965, “two days too late.”

It is interesting to note that even the highest Court in the land appeared to
have been mistaken in computing the period. Based on its own statement that 1960
and 1964 were leap years and therefore added two days to the determination of the
date of prescription, it failed to consider that 1956 was likewise a leap year and
therefore the action was filed three, not two, days too late.

Scientifically speaking, however, a year is the time it takes for the earth to
complete its orbit around the sun; this takes the earth 365 and % days. For
convenience, a full day was merely added to the fourth calendar year. Strictly
speaking then, four years is not four three hundred sixty-five days but four three
hundred sixty-five and one-fourth days. Had such an idea been adopted, the plaintiff
in above case would still have been able to obtain what was due and awarded to it.

This bill aims to eliminate the confusion that arises from having to compute
for the exact dates of prescription, and other legal periods, by simplifying the
definition of “years”. It also seeks to prevent injustice and heartaches that result from
subsequent denial of actions due to prescription, or from penalties that result due to
delays in the performance of obligation, and other similar problems.

This bill was first filed by this representative in the 18" Congress, and was
approved in the House up to third reading. Its immediate approval is hereby
earnestly sought.

FAUSTI 0 MICHABE--DY IT

5" District, Isabela


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 1092

INTRODUCED BY REP. FAUSTINO MICHAEL T. DY IIT

AN ACT
SIMPLIFYING THE DEFINITION OF THE TERM “YEAR,” AMENDING FOR THE PURPOSE
ARTICLE 13 OF REPUBLIC ACT NO. 386, OTHERWISE KNOWN AS THE NEW CIVIL
CODE OF THE PHILIPPINES AND SECTION 31 OF EXECUTIVE ORDER NO. 292,
OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 13, Chapter 1 of Republic Act No. 386 as amended, otherwise
known as the New Civil Code of the Philippines, is hereby amended to read as follows:

“ARTICLE 13. When the laws speak of years, months, days or nights, it shall be
understood that years [are of three hundred sixty-five days each;] SHALL BE
RECKONED FROM A SPECIFIC DATE OF A GIVEN YEAR TO THE SAME
DATE IN THE FOLLOWING YEARS, REGARDLESS OF NUMBER OF DAYS
IN A CALENDAR YEAR; months, of thirty days; days, of twenty-four hours; and
nights from sunset to sunrise.

"XXX

XXX.’

SEC. 2. Section 31 of Chapter 8, Book I of Executive Order No. 292, as amended,
is hereby amended as follows:

“SECTION 31. Lega/ Periods. —“Year” shall be [understood to be twelve calendar
months] RECKONED FROM A SPECIFIC DATE OF A GIVEN YEAR TO THE
SAME DATE IN THE FOLLOWING YEARR, REGARDLESS OF NUMBER OF
DAYS IN A CALENDAR YEAR; “month” SHALL CONSIST of thirty days, unless
it refers to a specific calendar month in which case it shall be computed according
to the number of days the specific month contains; “day,” to a day of twenty-four
hours; and THE TERM “night,” SHALL MEAN from sunset to sunrise.”

SEC. 3. If any portion or provision of this Act is subsequently declared invalid or
unconstitutional, other provisions hereof which are not affected thereby shall remain in
full force and effect.


SEC. 4. All laws, acts, presidential decrees, executive orders, presidential
Proclamations, issuances, rules and regulations or parts thereof which are contrary to or
inconsistent with any provisions of this Act are hereby repealed, amended, or modified
accordingly.

SEC. 5. This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,