Вы находитесь на странице: 1из 6

PRESCRIPTION PERIOD

Penal Laws on prescription of crimes must be strictly interpreted against the state and more favorably to the Accused under the Doctrine of Pro Rio. It bears emphasis, as held in a number of cases, that in the interpretation of the law on prescription of crimes, that which is more favorable to the accused is to be adopted. The said legal principle takes into account the nature of the law on prescription of crimes which is an act of amnesty and liberality on the part of the state in favor of the offender.

PRESCRIPTION OF CRIMES PUNISHABLE UNDER REVISED PENAL CODE

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 filling 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. (Art. 91 Computation of prescription of offenses) **Under RPC CRIMES PUNISHABLE BY: Reclusion Perpetua Reclusion Temporal Other Afflictive Penalties: Perpetual or Temporary Absolute Disqualification Perpetual or Temporary Special Disqualification Prision Mayor 10 yrs

PRESCRIPTION PERIOD: 20 yrs 20 yrs 15 yrs

Correccional Penalty: 1 Prision Correccional Suspension

Study Guide for the Bar, Criminal Law Reviewer on Special Penal Laws by Arturo M. de Castro

Destierro 5 yrs 1 yr 6 mnths 2 mnths

Arresto Mayor Crime of Libel or Similar Offense Oral Defamation & Slander by Deed Light Offenses

PRESCRIPTION OF OFFENSES FOR VIOLATION OF SPECIAL ACTS AND MUNICIPAL ORDINANCES Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy. (Sec. 2 Act No. 3326)

OFFENSES PUNISHABLE BY:

PRESCRIPTION PERIOD:

Fine or by imprisonment for not more than 1 yr one (1) month, or both. Imprisonment for more than one (1) month, 4 yrs but less than 2 yrs Imprisonment for two (2) yrs or more but less 8 yrs than six (6) yrs Imprisonment for six(6) yrs or more Offenses under Internal Revenue Law Violations of municipal ordinances 12 yrs 5 yrs 2 mnths

Violation of the Regulations or Conditions of 2 mnths Certificate of Convenience by the Public Service Commission Money Claims under Labor Code Illegal Dismissal Unfair Labor Practices 3 yrs 4 yrs 1 yr

PRESCRIPTION OF CRIMES PUNISHABLE UNDER THE NATIONAL INTERNAL REVENUE CODE OF 1997 All violations of any provision of this shall prescribe after five (5) years. The prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. (Sec. 281 Prescription for Violations of any Provision of this Code.) PRESCRIPTION PERIOD FOR LABOR CASES Offenses penalized under this Code and the rules and regulations issued pursuant thereto shall prescribe in three (3) years. All unfair labor practice arising from Book V shall be filed with the appropriate agency within one (1) year from accrual of such unfair labor practice; otherwise, they shall be forever barred. (Art. 290, Labor Code of the Philippines) All money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed within three years from the time the cause of action accrued; otherwise they shall be forever barred. (Art. 291 Money Claims, Labor Code) The following actions must be instituted within four years: (1) Upon an injury to the rights of the plaintiff; (2) Upon a quasi-delict; However, when the action arises from or out of any act, activity, or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest, detention and/or trial of the plaintiff, the same must be brought within one (1) year. (As amended by PD No. 1755, Dec. 24, 1980.) (Art. 1146, Civil Code of the Philippines) *Special Penal Laws: 1. 2. 3. 4. 5. 6. 7. 8. 9. Anti-Graft and Corrupt Practices Act ( R.A. No. 3019, as amended) Anti-Fencing Law (P.D. No. 1612) Bouncing Checks Law (B.P. Blg. 22) Dangerous Drugs Act of 1972 (R.A. No. 6425, as amended) Heinous Crimes Act (R.A. No. 7659, as amended) by R.A. No. 9346 ABOLISHING THE Death Penalty Anti-Money Laundering Act of 2001 (R.A. No. 9160) Obstruction of Justice (P.D. No. 1829) Plunder (R.A. No. 7080) Anti-Wire Tapping LAw (R.A. No. 4200)

10. Anti-Violence Against Women and their Children Act (R.A. No. 9262) 11. Trafficking in Persons (R.A. No. 9201) 12. Anti-child Abuse Law (R.A. No. 7610) 13. Human Security Act of 2007 (R.A. No. 9372)

Preliminary Attachment
Rule 57

At ANY STAGE of the action but BEFORE entry of Final Judgment. At ANY STAGE of the action but BEFORE entry of Final Judgment. At ANY stage of the action or proceeding and even AFTER final judgment therein. Must be applied BEFORE the defendant files his answer. At ANY STAGE of the action and even for the first time on appeal but BEFORE the final judgment in said case on appeal. 1 yr from Actual entry 1 yr from the last demand Within 10 days AFTER proclamation of the candidate Within 1 yr from cause of ouster or right of petitioner to hold office arose. Exception: Where there was continued assurance from the government, through its responsible officers that lead the petitioner to bide his time and wait for the fulfillment of its commitment. Action for Damages: within 1 yr from date of entry of judgment establishing the right under Quo Warranto proceeding. 1 yr period is not interrupted by the prosecution of any administrative Remedy.

Preliminary Injunction
Rule 58

Receiveship
Rule 59

Replevin
Rule 60

Support Pendente Lite


Rule 61

Forcible Entry Unlawful Detainer Quo Warranto in Electoral Proceeding Quo Warranto
Rule 66

Conventional Redemption

Period of Redemption may be fixed by parties, in which case period can not exceed 10 years from date of contract.

Absence of Agreement: 4 yrs from the date of contract. Legal Redemption Extra-judicial Foreclosure
Act 3135

1 month from the notification in writing of the sale by the vendor. Mortgagor has a Right of Redemption for 1 yr from Registration of sale. No Right of Redemption. Exception: If Mortgagee is a Banking Institution- Equity on Redemption only (90 to 120 days, and any time before confirmation of Foreclosure sale).

Judicial Foreclosure
Rule 68

Action for Partition

Can not be barred by prescription so long as Co-Ownership exists.