OPINION ON THE PRESCRIPTION OF (CRIME) CYBER

LIBEL/ INTERNET LIBEL:

Article 90 of the RPC generally applies but if the crime is
punishable under the special law like RA No. 10175 on cyber
crime, RA No. 3326 applies.
RA No. 3326, the prescriptive period for a crime under special
law punished by imprisonment for 6 years or more is 12 years.
Most of the penalties under Section 8 of RA No. 10175
prescribes for cyber crimes such as cybersex. The general rule
is that the prescriptive period for cyber crime under Section 4
of RA No. 10175 is 12 years.
But what about cyber libel or internet libel?
The law failed to provide a penalty for cyber libel, hence, one
who commits libel through the internet cannot be prosecuted
for cyber libel under Section 4 of RA No. 10175 simply because
there is no penalty under Section 8 for committing it. Thus,
Article 355 of the Revised Penal Code will apply but it must be
in relation to Section 6 of RA No. 10175, using information or
communication technology in committing a crime that will
upgrade the penalty for it by one degree.
Therefore, one who commits internet libel shall be prosecuted
for libel under the Revised Penal Code with the qualifying
circumstance under RA No. 10175. so Article 90 of the Code on
prescription applies, under that, the crime of libel shall
prescribe in one year.