Care: The litigants herein compromised a.civil case on July n-^f ' t*. ", .

*#, D, 1928, agreeing that if wjrbiL@cJondrfro=;a thrdate thcreof^*,1 '' .. ? the plaintiffs failed to repurchase a certain land, the ownership
would vest in the defendant. The question raised here is whether or not the plaintiffs duly tendered the amount of the reimbursement agreed upon in the proper form of money to the defendant. The trial court ruled that the plaintiffs duly tendered the amount, but the defendant appealing from such iudgment, maintains that on August 13, 1928, vhen the plaintiffs tendered it, the stipulated period had already elapsed. The point in issue here is, when did the stipulated month terminate? HEld: The determination of the above issue depends upon th! kind of month agreed upon by the parties, and on the day from which it should be counted. As to the kind of month, it is to be noted that, according to the ruling in

.,r'- the case of Guzman vs. Lichauco (42 Phil. ?21), Article 7 of the ' i1-Civil Code had been modified by Section lS.of the Administrative *{3 Code, according to which "month" no* *i"nt the civil or calendar -l ,r
month ,nd

noith. regular l0day month. And the civil or calendar month is that which agrees with the Gregorian calendar; and these months are known by the names of January, February, March, etc. They a1e composed of unequal portions of time (Baraier's lau Diciiottary). in computing any fixed period o{ time, with reference " to lhe p!doing!:_of an act 11eu{:9 bf l"* or coluact to be done at a certain time or within a certain limit of time, the day of date, or day from which the time is reckoned, is to be excluded and the date of performance included, unless otherwise provided. TEere E noffigTthe agreement providing othgruise.- There' fore, that civil month of Slgygsq-&yl besan oduly l4-bd terminated vdth the end of the llth.ofube&llgwllglsust*And as it has been proved without discussioa that the plaintiff.4rffeted to
repurchase

'1

'

ihe l.nd from the defendant on

Augutt

follows that suc6--'offer was nade within the period-stipulated. (Gfiieiitei ti. Ca/pia- 57 PE;t. Sln).

Qlih, it