Zaldivia V. Reyes, Jr.

GR No. 102342, July 3, 1992

FACTS: Petitioner was charged before the Municipal Trial Court on October 2, 1990 for violation of a
Municipal Ordinance, allegedly committed on May 11, 1990.

Petitioner moved to quash the said charge on the ground that it had already prescribed, but the
Municipal Trial Court denied the motion forcing the petitioner to raise it to the Regional Trial Court
wherein the respondent sustained the decision invoking Section 1, Rule 110 of the 1985 Rules of Criminal
Procedure, particularly emphasizing the last paragraph of the said rule, stating that it applies in all cases.

Petitioner however contends the decision and files a petition for review of certiorari before the high court
invoking Sections 1 and 2 of the Rule on Summary Procedure and Sections 1, 2, and 3 of Act No. 3326 as
the provisions that governs the charge against her being a violation of a municipal ordinance.

ISSUE: Whether or not the said offense is covered by the Rules on Criminal Procedure or covered by the
Rule of Summary Procedure.

HELD: The court ruled that the rule emphasized by the respondent judge only governs cases that fall
under the Rules of Criminal Procedure and is not applicable to all cases as the said section had begun
with for all cases no subject to the rule on summary procedure in special cases.

Thus, the respondent judges’ erred in denying the said motion on the ground that the offense is governed
by section 1, rule 110 of the rules of criminal procedure.