ROBERTO BRILLANTE vs.

COURT OF APPEALS and THE PEOPLE OF THE

PHILIPPINES
G.R. Nos. 118757 & 121571 October 19, 2004
TINGA, J.

Facts
Roberto Brillante, then a candidate for the position of councillor in Makati City held a pres
conference where he accused Jejomar Binay, a candidate for mayoralty in Makati, and Nemesio
Prudente of plotting an assassination plot against Augusto Syjuco, another mayoral candidate in
Makati. Several journalists wrote articles regarding the same and an open letter was published as
well. Later, Binay and Prudente both filed libel charges against Brillante. The trial court found
Brillante guilty of four counts of libel, which decision the CA affirmed.

Issue
Whether or not the act of libel charged against petitioner has prescribed when the Information
was filed before the trial court

Ruling
No. Article 90 of the Revised Penal Code provides that the crime of libel shall prescribe within
one year. In determining when the one year prescriptive period should be reckoned, reference
must be made to Article 91 of the same code which sets forth the rule on the computation of
prescriptive periods of offenses which states that period of prescription shall be interrupted by
the filing of the complaint or information. In the case, a proceeding in the Fiscal's Office may
terminate without conviction or acquittal.