Text of the provision

Art. 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; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included.

(7a)

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings. Note: for reckoning periods, the Administrative Code of 1987 (Sec. 31, Chap. 8, Book I) now provides that a year means twelve calendar months, which the Supreme Court has applied over this article's 365-day rule (CIR v. Primetown, 2007).

What this article means

This supplies the default arithmetic for legal periods: a year = 365 days, a month = 30 days, a day = 24 hours, and a night runs from sunset to sunrise. Named months are counted by their actual length. In counting a period, you exclude the first day and include the last. Note a modern wrinkle: for computing a year, the Supreme Court in CIR v. Primetown applied the Administrative Code's rule of twelve calendar months instead of 365 days.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.