Prescription Of Crime
ART. 90
NOTES:
In computing for the period, the first day is excluded and the
last day included. Period is subject to leap years.
When the last day of the prescriptive period falls on a Sunday
or a legal holiday, the information can no longer be filed the
following day.
Simple slander prescribes in 2 months and grave slander in 6 months.
Since destierro is a correctional penalty, it prescribes in 10
years. For afflictive penalties, period is 15 years.
If it is a compound penalty, basis will be the highest penalty.
If fine is an alternative penalty (imposed together with a penalty
lower than the fine), fine shall be the basis.
Prescription begins to run from the discovery thereof. It is
interrupted when proceedings are instituted and shall begin to
run again when the proceedings are dismissed.
If an accused fails to move to quash before pleading, he is deemed
to have waived all objections, except if the grounds are:
1. facts charged do not constitute an offense
2. court has no jurisdiction
3. criminal action or liability has been extinguished
4. the averments, if true, would constitute a legal excuse or
justification (See Rule 117, Sec 9,RoC)
Prescription does not take away the court’s jurisdiction but
only absolves the defendant and acquits him.
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