ROBERTO BRILLANTE

vs.

COURT OF APPEALS and THE PEOPLE OF THEPHILIPPINESG.R. Nos. 118757 & 121571 October 19,
2004TINGA,

J.

Facts Roberto Brillante, then a candidate for the position of councillor in Makati City held a press
conference where he accused Jejomar Binay, a candidate for mayoralty in Makati, and Nemesio
Prudente of plotting an assassination plot against Augusto Syjuco, another mayoral candidate in Makati.
Several journalists wrote articles regarding the same and an open letter was published as well. Later,
Binay and Prudente both filed libel charges against Brillante. The trial court found Brillante guilty of four
counts of libel, which decision the CA affirmed.

Issue Whether or not the act of libel charged against petitioner has prescribed when the Information
was filed before the trial court

Ruling No. Article 90 of the Revised Penal Code provides that the crime of libel shall prescribe within one
year. In determining when the one-year prescriptive period should be reckoned, reference must be
made to Article 91 of the same code which sets forth the rule on the computation of prescriptive
periods of offenses which states that period of prescription shall be interrupted by the filing of the
complaint or information. In the case, a proceeding in the Fiscal's Office may terminate without
conviction or acquittal.