View full case

LUZ M. ZALDIVIA v. ANDRES B. REYES

FACTS:

The petitioner is charged with quarrying for commercial purposes without a mayor's permit in violation of a municipal ordinance. The offense was allegedly committed on May 11, 1990, and the referral-complaint was received by the Office of the Provincial Prosecutor on May 30, 1990. The corresponding information was filed with the Municipal Trial Court on October 2, 1990. The petitioner moved to quash the information on the ground of prescription, but the motion was denied. On appeal, the denial was sustained by the respondent judge. The petitioner argues that the charge is governed by the Rule on Summary Procedure and that the offense has prescribed based on Act No. 3326. The prosecution contends that the prescriptive period was suspended upon the filing of the complaint with the Office of the Provincial Prosecutor.

ISSUES:

  1. What is the applicable law specifying the prescriptive period for violations of municipal ordinances?

  2. Does the filing of the complaint with the Office of the Provincial Prosecutor interrupt the period of prescription of the offense charged?

RULING:

  1. The applicable law specifying the prescriptive period for violations of municipal ordinances is Act No. 3326, as amended, which states that violations penalized by municipal ordinances prescribe after two months.

  2. The filing of the complaint with the Office of the Provincial Prosecutor interrupts the period of prescription of the offense charged. The last paragraph of Section 1, Rule 110 of the 1985 Rules on Criminal Procedure provides that the institution of criminal action interrupts the period of prescription of the offense charged, and it applies to all cases, including those falling under the Rule on Summary Procedure.

PRINCIPLES:

  • Violations penalized by municipal ordinances prescribe after two months as stated in Act No. 3326, as amended.

  • The filing of the complaint with the Office of the Provincial Prosecutor interrupts the period of prescription of the offense charged according to the last paragraph of Section 1, Rule 110 of the 1985 Rules on Criminal Procedure.