I. Introduction and Legal Foundation
The prescription of crimes and penalties is a fundamental constitutional and statutory principle that extinguishes the State’s right to prosecute an offense or to enforce a penalty after a fixed period. It is rooted in considerations of justice, fairness, and sound public policy, aiming to prevent the indefinite threat of prosecution, encourage the State to diligently pursue cases, and protect individuals from defending against stale claims where evidence may have been lost or memories faded. The primary sources of this rule are Article 90 and Article 91 of the Revised Penal Code (RPC), as amended, and relevant jurisprudence.
II. Prescription of the Crime (Extinctive Prescription)
This refers to the loss of the State’s right to institute criminal proceedings due to its failure to initiate prosecution within the periods provided by law. Once the crime has prescribed, the court loses jurisdiction over the offense, and any criminal action is permanently barred.
III. Prescriptive Periods for Crimes
The length of the prescriptive period depends on the penalty prescribed by law for the offense, not the penalty ultimately imposed. Under Article 90 of the RPC, the periods are:
a. Twenty years – for crimes punishable by death, reclusion perpetua, or reclusion temporal.
b. Fifteen years – for crimes punishable by other afflictive penalties (prision mayor, temporary disqualification, etc.).
c. Ten years – for crimes punishable by correctional penalties (prision correccional, arresto mayor, suspension, destierro).
d. Five years – for libel, oral defamation, and crimes punishable by arresto menor or a fine not exceeding PHP 200,000.00.
e. Two years – for offenses punishable only by a fine not exceeding PHP 20,000.00, or by confiscation of the proceeds or instruments of the gambling.
For crimes under special laws, the prescriptive period shall be that provided in the special law; if none, it shall be twelve (12) years under Act No. 3326, as amended.
IV. Commencement of the Prescriptive Period for the Crime
The period begins to run from the day the crime is discovered by the offended party, the authorities, or their agents. In cases where the crime is not known at the time of its commission, prescription runs from the discovery thereof. For continuing offenses, prescription begins from the cessation of the criminal act.
V. Interruption of the Prescriptive Period for the Crime
The running of the prescriptive period is interrupted by the filing of the complaint or information in court. A preliminary investigation, while a prerequisite for some cases, does not interrupt prescription; interruption occurs only upon judicial filing. Once interrupted, the entire period commences to run anew.
VI. Prescription of the Penalty (Executive Prescription)
This refers to the loss of the State’s right to execute a final judgment of conviction after a certain period. It is governed by Article 92 and Article 93 of the RPC. The service of the sentence is barred if not enforced within the prescribed time.
VII. Prescriptive Periods for Penalties
The period for the prescription of the penalty is equivalent to the maximum duration of the penalty, subject to specific rules:
a. For death, reclusion perpetua, and reclusion temporal – thirty (30) years.
b. For other penalties – the time equal to the maximum duration of the penalty.
The period begins to run from the date the convicted person evades the service of his sentence or from the expiration of the period for any reason other than service of sentence.
VIII. Distinction and Key Jurisprudence
It is crucial to distinguish between the prescription of the crime and the prescription of the penalty. The former bars prosecution; the latter bars execution of a final judgment. The Supreme Court has consistently held that prescription is a matter of law and can be raised at any stage of the proceedings, even for the first time on appeal or after conviction, as it affects the court’s jurisdiction. The Court has also ruled that the amendment of an information to correct the date of commission, if it alters the prescriptive period calculation, may be prohibited if it prejudices the accused’s rights.
IX. Practical Remedies
For the Defense: 1) Immediately calculate the prescriptive period from the date of discovery of the crime as alleged. 2) File a Motion to Quash the Information on the ground that the criminal action or penalty has prescribed (Rule 117, Sec. 3(g), Rules of Court). 3) If the issue arises post-conviction, raise prescription in a Motion for Reconsideration or on appeal, as it is jurisdictional. 4) In cases involving complex crimes or continuing offenses, carefully analyze the commencement point. For the Prosecution: 1) Ensure the timely filing of the information in court to interrupt prescription. 2) In drafting the information, be precise about the date of commission and, if relevant, the date of discovery to preempt prescription challenges. 3) For crimes where discovery is delayed, be prepared to allege and prove the date of discovery to justify the timeliness of the filing. 4) Monitor cases where the accused is a fugitive, as this may affect the prescription of the penalty after conviction. In all instances, maintain meticulous records of dates of filing, issuance of warrants, and any periods of interruption to accurately counter or assert claims of prescription.