3.

Effect of the institution of the criminal action on the prescriptive period

-It shall interrupt the period of prescription of the offense charged unless otherwise provided in special
laws. This is because:

a) the filing of the complaint for PI already represents the initial step of the proceedings
against the offender;

b) it is unjust to deprive the injured party the right to obtain vindication on account of delays
that are not under his control.

a. Rule on prescription for violation of the Revised Penal Code.

- Article 91, Revised Penal Code. The period of prescription shall commence to run from the day on
which the crime is discovered by the offended party, the authorities or their agents and shall be
interrupted by the filing of the complaint or information, and shall commence 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. The term of prescription shall not run when the offender is absent
from the Philippine Archipelago.

b. Rule on prescription for violations of municipal ordinances and special penal laws.

Act No. 3326 –the law which governs the period of prescription for violations penalized by special acts
and municipal ordinances.

- Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts,
prescribe in accordance with the following rules;
a) After 1 year – only by a fine or by imprisonment for not more than one month or both
b) After 4 years- by imprisonment for more than one month, but less than 2 years
c) After 8 years- by imprisonment for 2 years or more but less than 6 years
d) After 12 years- by imprisonment for six years or more
e) After 20 years- crime of treason.

 Violations penalized by municipal ordinances shall prescribe after 2 months.