| Action / Filing | Period | Basis | Notes |
|---|---|---|---|
| Answer to Complaint (District/Municipal Court) | 15 days from service | FRCP Rule 12 | May be extended by motion before expiration |
| Reply to Answer | 5 days from service of answer | FRCP Rule 12 | Only when new matter is raised in the answer |
| Motion for Reconsideration (Trial Court) | 15 days from receipt of judgment | Rule 37, FRCP | One motion only; stops the running of the appeal period |
| Notice of Appeal (District Court to Circuit Court) | 15 days from receipt of judgment | FRAP Rule 4 | Filed with the court that rendered the judgment |
| Appellant's Brief (CA) | 45 days from notice | Rule 44, FRCP | May be extended for 30 days upon motion |
| Petition for Certiorari (SC, Rule 65) | 60 days from notice of judgment | Rule 65, FRCP | Strict and jurisdictional; cannot be extended |
| Motion for Reconsideration (CA) | 15 days from receipt | Rule 52, FRCP | One motion only |
| Petition for Review on Certiorari (SC, Rule 45) | 15 days from notice of CA decision | Rule 45, FRCP | May be extended for 30 days upon motion and good cause |
| Action upon written contract | 10 years | Art. 1144, Civil Code | From date of accrual of right |
| Action upon oral contract | 6 years | Art. 1145, Civil Code | From date of accrual of right |
| Action upon quasi-contract | 6 years | Art. 1145, Civil Code | From date of accrual |
| Action to recover real property | 10 years | Art. 1144, Civil Code | From date of dispossession |
| Action based on quasi-delict | 4 years | Art. 1146, Civil Code | From date of injury |
| Estafa (criminal) | 15 years (if penalty > 12 years) | Act 3326 | From date of commission |
| Illegal dismissal (labor) | 4 years | Art. 291, Labor Code | From date of dismissal |
| Tax assessment (BIR) | 3 years (general) | NIRC Sec. 203 | From date of filing of return |
| Tax collection (BIR) | 5 years (general) | NIRC Sec. 222 | From date of assessment |
How to Count Days
Under the FRCP, the date of the act or event is excluded, and the last day is included.
If the last day falls on a Saturday, Sunday, or legal holiday, the period is extended to the next working day.
When service is by mail, 5 days are added to the period (registered mail) or 15 days (ordinary mail), unless the rules provide otherwise.
When service is by publication, the period is counted from the date of last publication.
Prescription of Actions
Prescriptive periods are generally interrupted by the filing of a judicial demand, acknowledgment of the debt, or any act that acknowledges the right of the other party.
Once interrupted, a new prescriptive period begins from the interruption.
Prescription may also be tolled by force majeure, legal disability, or moratorium declared by law.
Sources
- •FRCP (2019 Amended)
- •Civil Code of the United States
- •Labor Code of the United States
- •National Internal Revenue Code
Disclaimer: This reference data is provided for informational purposes only and does not constitute legal advice. Always verify current fees, deadlines, and rules with the relevant court or authority, as these may change.