EMILIANO A. FRANCISCO and HARRY B. BERNARDINO vs. THE HONORABLE COURT OF APPEALS II G.R. No. L-4567

G.R. No. L-4567                                May 30, 1983

EMILIANO A. FRANCISCO and HARRY B. BERNARDINO
vs.
THE HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES

FACTS:

A complaint for intriguing against honor was filed against petitioners, Francisco and Bernardino on February 6, 1966 before the Office of the Provincial Fiscal of Rizal. The acts constituting the complaint was allegedly perpetrated against Dr. Patrocinio Angeles on December 26, 1965.

On May 3, 1966, an information charging the petitioners with the crime of grave oral defamation was filed before the Court of First Instance of Rizal. The information was amended upon the order of the court on October 8, 1966 amending the offense charged to slander.

The Court of First Instance of Rizal convicted the petitioners with the offense charged, the Court of Appeals modified the conviction finding the petitioners only guilty of simple slander.

On appeal, the petitioners raised the defense of prescription.

ISSUE:

                        Whether or not the crime has prescribed.

HELD:

                        No, the crime has not prescribed.

Article 91 of the Revised Penal Code provides that "the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, 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."

Interpreting the foregoing provision, this Court in People vs. Tayco  held that the complaint or information referred to in Article 91 is that which is filed in the proper court and not the denuncia or accusation lodged by the offended party in the Fiscal's Office. This is so, according to the court, because under this rule it is so provided that the period shall commence to run again when the proceedings initiated by the filing of the complaint or information terminate without the accused being convicted or acquitted, adding that the proceedings in the Office of the Fiscal cannot end there in the acquittal or conviction of the accused.