Descripción general del sistema de agua potable existente

(ACT 3326)

Nature of prescription of a crime/penalty

The State or the People loses the right to prosecute the crime or to demand service of the penalty imposed (Santos v. Superintendent, 55 Phil. 345).

Prescription of crimes

Those punishable by:

1. Death, reclusion perpetua, reclusion temporal in twenty (20) years;

2. Other afflictive penalties (prision mayor) in fifteen (15) years;

3. Correctional penalty (prision correccional) in ten (10) years;

4. Arresto mayor in five (5) years; 5. Light offenses in two (2) months.

NOTE: When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of prescription (Art. 90).

Rule where the last day of the prescriptive period falls on a Sunday or a legal holiday

In Yapdiangco v. Buencamino, the Court said that in such a case, the information may no longer be filed the next day as the crime has already prescribed (122 SCRA 713).

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Prescription of the crimes of oral defamation and slander

Distinction should be made between simple and grave slander. Grave slander prescribes in six (6) months while simple slander in two (2) months (People v. Maceda, 73 Phil. 679).

Prescription of the crimes punishable by destierro

Classified as a correctional penalty under Art. 25, and according to Art. 90, ten (10) years should be the prescription period (Dalao v. Geronimo, 92 Phil. 1042).

Prescription of the crimes punishable by fines

Fines are also classified as afflictive, correctional, or light penalty under Art. 26. That is, in 15 years, 10 years, and 2 months, respectively.

NOTE: The subsidiary penalty for non-payment of the fine should not be considered in determining the period of prescription of such crimes (People v. Basalo, 101 Phil. 57). In addition, in light felonies when a fine of P200 is also provided, such fine should not be considered correctional.

Basis of prescription when fine is an alternative penalty is higher than the other penalty which is by imprisonment

Prescription herein is based on fine (People v. Basalo, supra).

NOTE: The ruling in Basalo applies even if the penalty is

arresto mayor and fine.

Prescriptive period of offenses punished under special laws and municipal ordinances

Act No. 3763, amending No. 3326, provides:

1. Offenses punished only by a fine or by imprisonment for not more than one month prescribes after one year;

2. Offenses punished by imprisonment for more than one month, but less than two years— after 4 years;

3. Offenses punished by imprisonment for two years or more but less than six years—after 8 years;

4. Offenses punished by imprisonment for six years or more—after 12 years;

5. Offenses under Internal Revenue Law—after 5 years;

6. Violation of municipal ordinances—after 2 months;

7. Violations of the regulations or conditions of certificate of convenience by the Public

Service Commission—after 2 months (Reyes, 2008).

NOTE: Act 3326 is not applicable where the special law provides for its own prescriptive period (People v. Ramos, 83

SCRA 1).

Running of the prescriptive periods for violations penalized by special laws and ordinances

Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment (Sec. 2, Act No. 3326). NOTE: Prescription does not divest court of jurisdiction; it is a ground for acquittal of the accused. Thus, the court must exercise jurisdiction, and not inhibit itself (Santos v.

Superintendent, 55 Phil. 345).

Interruption of the running of the prescriptive period for crimes or violations punishable by the RPC, special law & ordinance

The running of the prescriptive period shall be interrupted:

1. Crimes punishable by the RPC – interrupted upon the filing of the case before the fiscal’s office.

2. Crimes punishable by special law – interrupted upon the filing of the case before the fiscal’s office even for purposes of preliminary investigation.

3. Violation of municipal ordinance – interrupted upon the filing of the case before the appropriate court

Computation of prescription of offenses

The period of prescription commences to run from the day the crime is committed

1. The period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.

2. It is interrupted by the filing of the complaint or information.

3. It commences to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him.

4. The term of prescription shall not run when the offender is absent from the Philippines (Art. 91).

NOTE: The term "proceedings" should now be understood to be either executive or judicial in character: executive when it involves the investigation phase; and, judicial when it refers to the trial and judgment stage. With this clarification, any kind of investigative proceeding instituted against the guilty person which may ultimately lead to his prosecution should be sufficient to toll prescription (Panaguiton, Jr. v. DOJ, G.R.

No. 167571, Nov. 25, 2008).

Situations which do not follow Art. 91 (Computation of prescription of offenses)

1. Continuing crimes – prescriptive period will start to run only at the termination of the intended result.

2. In crimes against false testimony – prescriptive period is reckoned from the day a final judgment is rendered and not at the time when the false testimony was made.

3. Election offense –

a. If discovery of the offense is incidental to judicial proceedings, prescription begins when such proceeding terminates; or b. From the date of commission of the offense.

Q: One fateful night in January 1990, while 5-year old Albert was urinating at the back of their house, he heard a strange noise coming from the kitchen of their neighbor and playmate, Ara. When he peeped inside, he saw Mina, Ara’s stepmother, very angry and strangling the 5-year old Ara to death. Albert saw Mina carry the dead body of Ara, place it inside the trunk of the car and drive away. The dead body of Ara was never found. Mina spread the news in the neighborhood that Ara went to live with her grandparents in Ormoc City. For fear of his life, Albert did not tell anyone, even his parents and relatives, about what he witnessed. Twenty and a half (20 & ½) years after the incident, and right after his graduation in Criminology, Albert reported the crime to NBI authorities. The crime of homicide prescribes in 20 years. Can the State still prosecute Mina for the death of Ara despite the lapse of 20 and 1/2 years? (2000 Bar Question)

A: Yes, the State can still prosecute Mina for the death

of Ara despite the lapse of 20 and ½ years. Under Article 91, RPC, the period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents. In the case at bar, the commission of the crime was known only to Albert, who was not the offended party nor an authority or an agent of an authority. It was discovered by the NBI authorities only when Albert revealed to them the commission of the crime. Hence, the period of prescription of 20 years for homicide

commenced to run only from the time Albert revealed the same to the NBI authorities.

Q: A killed his wife and buried her in the backyard. He immediately went into hiding in the mountains. Three years later, the bones of A’s wife were discovered by X, the gardener. Since X had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the caretaker, found the bones and reported the matter to the police. After 15 years of hiding, A left the country but returned 3 years later to take care of his ailing sibling. Six years thereafter, he was charged with parricide, but he raised the defense of