The document discusses the computation of the prescription period for criminal liability under Articles 91 and 92 of the Revised Penal Code, detailing how the period begins upon the discovery of the crime by the offended party or authorities and how it can be interrupted. It outlines specific examples illustrating the rules for interruptions and resumes of the prescription period, including the handling of absences and the distinctions between offenses under the Revised Penal Code and special penal laws. Additionally, it specifies the timeframes for the prescription of various penalties imposed by final sentences.

1. EXTINCTION OF CRIMINAL
LIABILITY
ARTICLE 91-92 REVISED PENAL CODE
Ebonite, Krystel Claire P.
JD-1

2. ARTICLE 91- Computation of prescription of offenses.
- 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.

3. WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN?
If punished under the RPC:
 It commences to run from the day on which the crime is “discovered” by the
1. offended party;
2. the authorities; or
3. their agents.

4. Example 1:
X killedY. Z, a neighbor, witnessed the killing but kept silent. It was only after 10
years (year 2022) that Z divulged to the authorities.
Here the authorities can still file a complaint because it was only from that moment
when Z informed the authorities that the latter is deemed to have “discovered” the
crime.
WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN?

5. Example 2:
X stabbedY multiple times but survived.Y kept silent for 20 years. On the 21st
year, ifY
decides to file a complaint against X, the same will be dismissed on the ground of
prescription of the crime because the dated of the discovery happens also to be the
date of the commission of the crime.
WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN?

6. WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN?
Example 3:
X committed the crime of rebellion by becoming a member of the NPA. Being a
continuing crime, and for as long as X continues to be a rebel, the period of
prescriptions, never begins to run and the authorities may file a complaint against X
anytime. However, if X surrenders and returns to the fold of the law, prescription begins
to run.

7. WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN?
If punished under the SPLs:
 The prescription of period begins to run according to what is provided in the Special
Penal Law itself.
 If the SPL does not so provide, the Act No. 3326 governs, which provides that the
prescription begins to run from the day of commission of the violation of the law,
and if the same be not known at the time, then from the “discovery” thereof.
 Discovery by whom? Since Act No. 3326 is silent on this point, Art. 91 of the RPC
should apply suppletory which means that the “discovery” should be limited to the
offended party, the authorities, or their agents.

8. HOW IS THE PERIOD OFTHE PRESCRIPTION OFTHE CRIME
INTERRUPTED?
If punished under the RPC:
 It shall be interrupted by the filing the complaint or information; or when the offender is
absent from the Philippines. Mere filing before the prosecutor’s office for purpose of
preliminary investigation is enough.The “absence” here must be for a long period of
time.
If punished under the SPLs:
 If the SPL itself provides the rule when prescription is interrupted, the SPL governs.
Otherwise Act No. 3326 provides that it shall be interrupted only when judicial
proceedings (filing the complaint or information in court) are instituted against the guilty
person. Mere filing before the prosecutor’s office will not stop the running of the period
of the prescription.

9.  An exception where mere filing before the prosecutor’s office or before the Office
of the Ombudsman is enough to interrupt the running of the prescriptive period is
when the same involves corruption cases. (Panaguiton, Jr. Vs. DOJ)
 Also, unlike in felonies punished under the RPC where the “absence” of the offender
likewise interrupts the running of the prescriptive period, the absence of the
offender in offenses punished under SPLs will not interrupt the running of the said
period.

10. THE PRESCRIPTION OFTHE CRIME IS INTERRUPTED OR SUSPENDED
1. When a complaint is filed in a proper barangay for conciliation or mediation as
required by Chapter 7, Local Government Code, but the suspension of prescriptive
period is good only for 60 days.After which the prescription will resume to run, whether the
conciliation or mediation is terminated or not;
2. When criminal case is filed in the prosecutor’s office, the prescription of the crime is
suspended until the accused is convicted or the proceeding is terminated for a cause not
attributable to the accused.

11.  If the last day in the period of prescription of a felony falls on a Sunday or Legal
Holiday, may the information be filed on the next working day?
No. Holiday is not a legal efficient cause which interrupts the prescription of the
offense.The waiver or laws of the right to prosecute such offender is automatic or by
operation of law.
 If the case is involves a minor offense and it is filed in the fiscal’s office will not
interrupt the running of the period of prescription
THE PRESCRIPTION OFTHE CRIME IS INTERRUPTED OR SUSPENDED

12. WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN AGAIN?
If punished under the RPC:
 It shall run again when:
1. the proceedings terminate without the accused being convicted or acquitted; or
a) “when such proceedings terminate” termination that is final; an unappealed
conviction or acquittal
2. the proceedings are stopped for any reason not imputable to the accused.
b) “unjustifiably stopped for any reason” example: accused evades arrest, proceedings
must be stopped

13. Example 1:
The complaint against X for slight physical injuries was dismissed by the
prosecutors on the ground that the complaint had not yet undergone barangay
conciliation under the Katarungang Pambarangay Law.
WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN AGAIN?

14. Example 2a:
An information for rape was filed in the court against X. After trial, X was acquitted on the ground that his
guilt had not been proved beyond reasonable doubt.
Example 2b:
Same example. But X was convicted.
 In both instances, prescription is immaterial because whenever the accused is acquitted or convicted, he can
no longer be charged of the same offense. No person shall be put twice in jeopardy of the punishment for
the same offense.
Example 3:
 X was charged in court for rape. But the case could not proceed because X has yet to be arrested.
Here, the prescription does not begin to run again because the proceeding was stopped due to a reason
imputable to the accused.
WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN AGAIN?

15. If punished under the SPLs:
 If there is no provision in the SPL providing for a rule when prescription begins to run again, Act No.
3326 governs, which provides that it shall run again if proceedings are dismissed “for reasons not
constituting jeopardy.” The rule, therefore, is the same as in the RPC.
 What about for situations where the proceedings are stopped for any reason not imputable to the
accused?
-Act No. 3326 is silent on this, hence by suppletory application, the rule in the RPC
applies.
WHEN DOESTHE PERIOD OF PRESCRIPTION OFTHE CRIME BEGIN
TO RUN AGAIN?

16. ARTICLE 92- When and how penalties prescribe.
The penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty (20) years;
2. Other afflictive penalties (reclusion temporal; prision mayor;
disqualification;), in fifteen (15) years;
3. Correctional penalties (prision correctional; suspension; destierro), in
ten years, with the exception of the penalty of arresto mayor, which
prescribes in five (5) years;
4. Light penalties (arresto menor; public censure), in one (1) year.
NOTE: The judgement imposing the penalty must have become final. If the convict has
appealed his conviction, the sentence is not yet final. There is as yet no prescription of
the penalty to speak of.