REGLEMENTARY PERIOD

can someone enlighten me with the counting of the reglementary period? ito po ba ay office hours lang,meaning commence at 8am at cut off at 5pm..hindi kasali Saturdays and Sundays ?.....

Reglementary period refers to the number of days within which the party must file his/her pleading to court/tribunal/body. Outside the said period, the court/tribunal/body can deny the acceptance of the filed pleading.

To come up with the deadline within which to file your pleading, the rule in counting the reglementary period is that you must not include the very first day you received the notice/order which requires you to to file the necessary pleadings, disregard that, begin the counting on the next day. Example, you received a Summon requiring you to file your Answer within 15 days from receipt of that Summon, January 5, thus you must begin the counting not on January 5 but on the next day which is January 6, just add 15 days, consequently, the deadline for the filing of your Answer will be on January 21. Hence, you must file your Answer to the court on or before January 21. Take note that you must include saturdays and sundays in the counting, but in case the 15th day falls on a sunday or holiday, then the deadline will be moved on the next business day. Lastly, in case you will file your Answer via Registered Mail, the actual date when you delivered your mail to the Post Office will be the date to be considered by the court as the filing date, regardless on the actual date the court received your Answer.

how about art. 125 RPC sir? pag nadakip ang isang suspect sa isang crimen sir at ito po ay sa araw na byernes.. mag start po ba ang counting ng reglementary period sa saturday? pano pag light offense lang and 12 hours?

^same rule din, just count 12 / 18 / 36 hours, then kung yung 12th / 18th / 36th hour pumatak outside regular office hour nang court, the next office hour mo dapat ma-file yun complaint / information.

thanks a lot......

mga sir, query din po ako. sa warrant of arrest, nahuli un offender night of Friday, serious offense ang kaso nya, thats 36 hours reglamentary period. nadetained xa 11 PM of FRIDAY. san ba mag uumpisa un counting ng reglamentary, ibig ba savhin papakawalan na un offender sa sunday...???

sir,i dont think ina apply yung reglementary period.. iba po kasi pag na arresto ang isang tao by virtue of a warrant of arrest,kadalasan ay dinadala yung tao sa court where the warrant was issued and gagawan yan ng commitment order papuntang PDRC/BJMP..

ay mali by virtue of "warrantless" arrest pla sir

@phewe, kung nahuli nang 11pm nang Friday ang suspect via warrantless arrest, dapat ma-file agad sa kanya un Criminal Case within 36 hours, pero sa tanong mo, dahil sa ang ika-36 na hour ay papatak sa Sunday nang 11am, hindi ibig sabihin nito ay dapat palayain na ang nahuling suspect, kasi excused ang mga pulis dahil sa walang court /prosecutor sa Sunday, pero dapat on the next regular office hour ma-file na nila yung complaint sa court / prosecutors office. Ang 12/24/36 rule kasi under nang Arbitrary Detention sa Revised Penal Code, meaning, bago pumasok sa Arbitrary Detention, arbitrary (unreasonable) un hindi pag-file nang case within 36 hours.

salamat mga sir

na detain sa precinct 6 of qc bale pang 9 days nya na today..dapat ba na palayain ung tao after 10 days reglementary period kapag di naifile nang karamptang complaint sa court ung nakulong?warantless arrest po iyan ta dahil sa affidavit na ginawa lang ng drayber kaya ganyan..advise po pls thanks

sir ano po mo ibig sabihin sa reglementary period na mentioned nito:

"The undersigned is inclined to grant the motion to withdraw without prejudice to its refiling should the complainant opted to do so within the reglementary period as provided by law".

This came from the resolution of the assistant prosecutor handling my RA9262 case.

rey04 wrote:sir ano po mo ibig sabihin sa reglementary period na mentioned nito:

"The undersigned is inclined to grant the motion to withdraw without prejudice to its refiling should the complainant opted to do so within the reglementary period as provided by law".

This came from the resolution of the assistant prosecutor handling my RA9262 case.

Let me try to answer your question. Based on the qouted resolution, the withdrawal of the complaint was based on a motion filed by the private complainant. The reglementary period as mentioned therein refers to the period within which the private complainant may file the complaint or information before the precriptive period expires.

Under the law, there is a period within which the private complainant may file the complaint or information. If after the lapse of the said period without the complaint or information being filed, the cause of action is barred forever. Under RA9262 sec.24, the prescriptive periods provided were 20 and 10 years

I agree, that refers to the period within which a person could initiate/refile a proper complaint, there being no application of the principle of double jeopardy, in brief, the application of rule on prescription of offenses

Include the last day, exclude the first day

TiagoMontiero wrote:Reglementary period refers to the number of days within which the party must file his/her pleading to court/tribunal/body. Outside the said period, the court/tribunal/body can deny the acceptance of the filed pleading.

To come up with the deadline within which to file your pleading, the rule in counting the reglementary period is that you must not include the very first day you received the notice/order which requires you to to file the necessary pleadings, disregard that, begin the counting on the next day. Example, you received a Summon requiring you to file your Answer within 15 days from receipt of that Summon, January 5, thus you must begin the counting not on January 5 but on the next day which is January 6, just add 15 days, consequently, the deadline for the filing of your Answer will be on January 21. Hence, you must file your Answer to the court on or before January 21. Take note that you must include saturdays and sundays in the counting, but in case the 15th day falls on a sunday or holiday, then the deadline will be moved on the next business day. Lastly, in case you will file your Answer via Registered Mail, the actual date when you delivered your mail to the Post Office will be the date to be considered by the court as the filing date, regardless on the actual date the court received your Answer.

In your example the last day should have been January 20 not Jan 21. In counting the days it is correct to exclude the date/day of receipt of Order/summons/Decisions but you must start counting as day 1 January 6 so that it follows that January 20 is day 15 which is the last day of the period