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