EXTINCTION OF CRIMINAL LIABILITY

Total Extinction

Prescription of Crimes

The prescription of crimes under the Revised Penal Code and special laws involves the lapse of a certain period during which no action is taken against the offender. Once the prescriptive period lapses, the criminal liability is extinguished, and no prosecution can be instituted or continued. This doctrine is founded on the principle that the law encourages vigilance and punishes inaction.

1. Legal Basis

Revised Penal Code (RPC)
Articles 89 and 91 of the Revised Penal Code outline prescription as one of the grounds for the extinction of criminal liability. Specifically:
- Article 89 states that criminal liability is extinguished by the prescription of the crime and of the penalty.
- Article 91 explains when prescription begins to run and when it is interrupted.
R.A. No. 3326 (Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal Ordinances)
This law governs the prescription of offenses penalized by special laws where the prescriptive periods are not expressly provided.

2. Prescription Under the Revised Penal Code

General Principles

Commencement of Prescription
- The prescriptive period begins to run from the day the crime is committed unless the crime is subject to specific conditions, such as continuing offenses or conspiracy, where the prescription begins at the conclusion of the crime.
- For crimes not discovered immediately, prescription begins from the day the crime becomes known to authorities or its injured party.
Interruption of Prescription
- Prescription is interrupted by the filing of a complaint or information in court. Once interrupted, the prescriptive period resets and does not run anew until the case is dismissed or otherwise terminated without conviction.

Periods of Prescription Under the RPC

Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
Crimes punishable by other afflictive penalties: 15 years.
Crimes punishable by correctional penalties: 10 years.
Crimes punishable by arresto mayor: 5 years.
Libel and similar offenses: 1 year.
Oral defamation and slander by deed: 6 months.
Light offenses: 2 months.

3. Prescription Under R.A. No. 3326

Applicability

R.A. No. 3326 governs the prescription of crimes penalized under special laws, municipal ordinances, and administrative regulations unless the specific law provides otherwise.

Periods of Prescription Under R.A. No. 3326

Offenses punished by imprisonment of 6 years or more: 12 years.
Offenses punished by imprisonment of less than 6 years: 5 years.
Offenses punishable by fine only or an equivalent penalty: 1 year.

Commencement and Interruption

Commencement
- The prescriptive period starts from the day of the commission of the violation or, for continuing offenses, from the day it ceases.
Interruption
- Similar to the RPC, prescription is interrupted by the filing of a judicial or administrative complaint. Interruption ceases once the case is dismissed without final judgment.

4. Judicial and Doctrinal Guidelines

Crimes Not Subject to Prescription
- Certain crimes are imprescriptible due to their grave nature or international conventions, such as:
  - Crimes against humanity.
  - War crimes.
  - Genocide.
  - Treason (Article 114, RPC).
Continuing Crimes
- For continuing crimes like kidnapping, prescription begins to run only from the cessation of the unlawful act.
Discovery Rule
- For certain offenses, particularly those involving fraud or concealment, courts may apply the discovery rule, where prescription begins to run from the time the offense is discovered.
Amendments or Revisions
- Legislative amendments may alter the prescriptive period, but these typically do not apply retroactively unless they are favorable to the accused (Article 22, RPC).

5. Key Jurisprudence

People v. Tayco
- The Supreme Court held that the filing of a complaint in the fiscal’s office interrupts the running of the prescriptive period, emphasizing the importance of initiating legal action promptly.
People v. Sandiganbayan
- Clarified the rules on prescription for offenses penalized under special laws and reiterated the applicability of R.A. No. 3326.
Zaldivar v. Sandiganbayan
- The Court emphasized that prescription serves to penalize inaction, prevent stale claims, and encourage diligence in prosecuting offenses.
Ladlad v. Velasco
- Discussed the impact of prescription on political crimes and reiterated that no prosecution can be commenced after the prescriptive period lapses.

6. Summary

Prescription of crimes extinguishes criminal liability after the lapse of the prescribed period unless interrupted.
The prescriptive period is longer for graver offenses and shorter for light offenses.
R.A. No. 3326 supplements the RPC by providing prescriptive periods for crimes under special laws.
Timeliness in filing complaints is critical to ensuring prosecution and preventing dismissal due to prescription.