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Criminal Procedure:

Rule: PRESCRIPTION:

Hence, while it is the rule that an accused who fails to


move to quash before pleading, is deemed to waive all
objections which are grounds of a motion to quash, yet, this
rule cannot apply to the defense of prescription, which
under Art. 69 of the Revised Penal Code extinguishes
criminal liability.

Table of Prescription Period

Crimes Punishable: Period of Prescription


Death, reclusion 20 years
perpetua or
reclusion temporal
Other Afflictive 15 years
Penalty
a. Perpetual or
temporary
absolute
disqualificatio
n
b. Perpetual or
temporary
special
disqualificatio
n
c. Prision Mayor

Correctional Penalty 10 years with the exception of


a. Prision those punishable by arresto, which
Correctional shall prescribe in five years
b. (Arresto Mayor)
c. Suspension
d. Destierro
The crime of libel shall prescribe in 1 year
or other similar
offenses
The crime of oral shall prescribe in 6 months
defamation and
slander by deed
LIGHT OFFENSES 2 months
FINE Art. 26. When afflictive,
correctional, or light penalty. A
fine, whether imposed as a single
of as an alternative penalty, shall
be considered an afflictive
penalty, if it exceeds 6,000 pesos;
a correctional penalty, if it does
not exceed 6,000 pesos but is not
less than 200 pesos; and a light
penalty if it less than 200 pesos.

When the penalty fixed by law is a compound one, the HIGHEST


PENALTY shall be made the basis of the application of the
rules contained in the first, second and third paragraphs of
this article. (As amended by RA 4661, approved June 19,
1966).

ART. 91. COMPUTATION OF PRESCRIPTION OF OFFENSES.

The period of prescription shall commence to run from


the day on which the crime is discovered:

1. By the offended party,

2. the authorities, or their agents,

*** and shall be interrupted by the filing 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.