GR 139405 March 13, 2001People of the Philippines vs Arturo F.

Pacificador FACTS:On October 27, 1988, Arturo Pacificador, the Chairman of the Board of the NationalShipyard and Steel Corporation, was charged before the Sandiganbayan with thecrime of violation of RA 3019 aka Anti-Graft and Corrupt Practices Act. During theperiod of December 6, 1975 to January 6, 1976, together with Jose Marcelo, thePresident of Philippine Smelters Corporation, he caused the sale, transfer andconveyance of the rights, titles and interests over parcels of land owned by NationalShipyard and Steel Corporation to Jose Panganiban, Camarines Norte where JosePanganiban Plant is located. National Shipyard and Steel Corporation is a government-owned corporation and received only P85,144.50 as consideration for the sale. Thiscaused injury to the Government because real fair market value of the lands wereP862,150.00. The Deed of Sale for was executed on December 29, 1975. Pacificador stated that the prosecution of the crime has already prescribed since counting from theregistration of the Deed of Sale (or execution of such), the filing of action against himshould have prescribed. He further contends that during December 29, 1975, there wasa constructive notice to the world of such registration and this should be tantamount toconcealing his crime during that day and not on May 13, 1988 when the complaint wasfiled by the Solicitor General with the PCGG. ISSUE: Whether or not the prescription of the offense committed by Pacificador shall runfrom the date the Deed of Sale was executed. RULING: YES. The date of prescription shall run from the day the crime was committedand if that date is unknown, the date of discovery should be used as the reckoningpoint. In this case, since the land was transferred and presumably registered onDecember 29, 1975 when the perpetrators are already aware of their own crimes, thereckoning point should be that day. The Deed of Sale when registered constitutes anotice to the whole world, including the petitioner, of its contents, as well as all interests,legal and equitable. All persons are charged with the constructive knowledge of whatit contains despite no actual knowledge on their part.

No. 37 G.R. No. 92159 July 1, 1993LEDITA BURCE JACOB and BUENAVENTURA JACOB,petitioners, vs.COURT OF APPEALS,ROSARIO ALCERA FALCON, TRINIDAD ALCERA CRUZ and PURIFICACION ALCERA CHAY,rep. by TRINIDAD ALCERA CRUZ,respondents.