YAPDIANGCO vs BUENCAMINO

Effect of Sunday or legal holiday on prescription of felony

Court Supreme Court

Citation G.R. No. L-28841
Date June 24, 1983
Petitioner-appellant Rafael Yapdiangco
Respondents-appellees The Hon. Concepcion B. Buencamino and Hon. Justiniano Cortez
Ponente J. Gutierrez Jr.
Relevant topic Effect of Sunday or legal holiday on prescription of felony
Prepared by Soriano, Hilary Holly C.
Action Appeal from a decision of COFI Rizal Branch IX of Quezon City

FACTS

February 1, 1965 City Fiscal of QC filed before the City Court an information for slight physical injuries allegedly
by Yapdiangco, committed on December 2, 1964 against Mr. Ang Cho Ching
September 10, 1965 Yapdiangco filed a motion to quash the criminal prosecution
 The 60 day period for filing the information has lapsed. It is already the 61st day.
September 14, 1965 City Court of QC denied motion to quash
 60th day fell on a Sunday, the action has not prescribed and may be filed on the
next business day
 A motion for reconsideration was subsequently denied as well.
July 11, 1966 Upon, Yapdiangco’s filing of a petition for certiorari and mandamus with preliminary injunction
with the COFI, the petition was dismissed, as well as its motion for reconsideration. Hence, this
petition.

ISSUE/HELD RATIO
W/N a Sunday The case is not concerned merely on when a pleading may be filed, but until when criminal
or legal holiday action may be instituted.
is a legal - Remember that in a criminal suit, the State is grantor who may waive its rights to prosecute a
efficient cause criminal offense upon prescription.
which - People vs. Moran
interrupts the o Statute in Civil Suits  no construction of the statute to be made in favor of either party
prescription of o Statute of limitation  liberally construed in favor of the defendant… it is the
an offense? – policy of the law that prosecutions should be prompt and the statutes enforcing
NO such promptitude should be vigorously maintained

Art. 90 of the RPC – provides that light offenses prescribe in two months.
Art. 13 of the Civil Code – provides that when the laws speak of months, it shall be understood that it
is of 30 days each.
Art. 91 of the RPC – Computation of prescription of offenses. Period of prescription runs from the day
the crime is discovered, and shall be interrupted by the filing of complaint or information and shall
commence to run again when such proceedings terminate without the accused being convicted or
acquitted. The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

RULING
WHEREFORE, the petition for certiorari and mandamus is GRANTED. The questioned order of the respondent court is
SET ASIDE. The motion to quash is GRANTED and the information before the City Court is DISMISSED.

SEPARATE DISSENTING (J. Relova)

Sec. 31 of the RAC provides that “where the day, or the last day, for doing an act required or permitted by law falls on a
holiday, the act may be done on the next succeeding day.” In the case at bar, since the last day fell on a Sunday, it must
be permitted to be filed on the next succeeding business day.