UPDATES ON CRIMINAL
PRESCRIPTION: judge Campanilla live
lecture in Rex Facebook Page
(02.20.2021)
ACT 3326: provides for prescription for
special law or municipal ordinances.
Art. 91 of the RPC is not controlling when it
comes to violations of special law, ART
3326.
BLAMELESS IGNORANCE DOCTRINE
– the court shall refuse to apply the statute
of limitation if the offended party or State
has reasonable means to know the
commission of the crime.
RA3019 – period of prescription amended to
20 years (sec. 19)
Prescriptive – apply RA 3019, Sec. 19
Rule on commencement and interruption –
apply Act 3326
There is a provision in sexual harassment
that prescriptive period is only 3 years.
(Panuigiton and People v. Pangilinan
doctrines – affirmed by People v. Lee)
interruption and commencement is ruled by
Act 3326
Prescription commences to run after EDSA
Revolution 1 on behest loans, because
evidences were not readily available before
that period.
RULE ON RUNNING OF
PRESCRIPTION:
GR: it commences from the commission of
the crime.
ER: If at the time the crime is committed the
person in authority, offended party are not
aware that the crime was committed.
Prescription will only run upon discovery of
the crime.
To apply the exception the following has to
be taken into consideration:
1. Availability of the information
regarding the commission of the
crime
2. Suppression of information
SALN is available to the public it is
not suppressed, therefore the period
of prescription will commence to run
upon the expiration of the period
within which to file SALN.
Violation of BP 22
The crime is committed upon the bouncing
of the check NOT upon the date issuance of
the check. Thus, prescription commences to
run from the time the check bounced.
When is BP 22 committed
Bautista case:
Upon the dishonor of the check the crime is
already consummated – not on the notice of
dishonor because it is not an element of the
crime.
It becomes actionable only upon the
expiration of a period of 5 banking days
from receipt of the notice of dishonor.
Prescription starts to run from the expiration
of the 5 banking days from the notice of
dishonor. Prescription will commence to run
in the year when the notice of dishonor was
received. (PP. v. Pangilinan, GR 152662)
Notice of dishonor is not an element of the
crime but its absence is fatal to a criminal
prosecution of BP22 because it is for the
purpose of satisfying the due process
requirement for the accused to make good of
the check to avert criminal action within 5
banking days.
INTERUPTION OF PERIOD OF
PRESCRIPTION INVOLVING
OFFENSES PUNISHABLE BY SPECIAL
LAW under Act 3326
OLD RULE – ZALDEVIA (abandoned)
- Interrupted upon Institution of
judicial proceedings for investigation
or punishment.
- Judicial proceedings - It is important
that there is a complaint or
information filed before the court.
NEW RULE
- Judicial proceedings – includes
administrative proceedings for
investigation and judicial
proceedings for punishment.
- Institution of administrative
complaint for investigation – filing
of complaint for preliminary
investigation before the fiscal, or
Ombudsman, etc. or filing for trial
on the merits.
- Filing of the aforementioned will
interrupt the period of prescription.
The rule is the same for criminal offenses.
Void preliminary investigation will not
interrupt the running of the period of
prescription.
JADEWELL CASE PARKING SYSTEM
V. LIDUA GR 169588 OCTOBER 7, 2013
discussed in LEE CASE September 16,
2019.
-Violation of ordinance – Period of
prescription 2 months.
In this case, complaint was filed within 2
months but the information was filed after 2
months. – SC affirmed Zaldivea doctrine
(old rule) holding that prescription is
interrupted upon the filing for judicial
proceedings.
Harmonized:
Ordinance – Zaldevea is affirmed (Jadewell)
Special law – Panaguiton, Pangilinan Lee
Jadewell cannot abandon Pangilinan because
it is not decided by the SC en banc. The
principle specifically applies to ordinance
only.
Study Rules on Summary procedure.
- Oral defamation (Fransisco)
- Slight physical injury
Violation of BP 22 – prescribes in 4 years
(consider if its is prescribed or interrupted).
Under Act 3326, the running of period of
prescription will be interrupted upon the
filing of complaint or information for
preliminary investigation or trial on the
merits.
Slight physical injury or oral defamation.
Under Art. 91 of RPC he period of
prescription will be interrupted by the filing
of information of complaint. Complaint
includes a complaint filed for PI with the
fiscal or complaint filed in court for trial on
the merits. The law does not distinguish. If
the law does not distinguish the courts shall
not distinguish.

ORDINANCE – to interrupt the running of

prescription there must be institution of
judicial proceedings. Therefore, the filing of
complaint before the fiscal for preliminary
investigation will not interrupt the running
of the prescriptive period.