SEPT 2, 2015

NR # 3945B

Bill setting prescriptive periods for certain offenses sent to Senate

An updated set of prescriptive periods for certain offences punishable by Special Acts and
violations of local ordinances was finally transmitted to the Senate by the House of
Representatives after its final passage last August 24.
Committee on Revision of Laws chairperson Hon. Marlyn L. Primicias-Agabas (6 th
District, Pangasinan), who is principal author of HB 5906, said the prescription periods will
afford the State ample time to prosecute offenders.
HB 5906 is entitled An Act establishing the periods of prescription for certain offenses
punishable by Special Acts and violations of local ordinances, and further providing the period
when prescription shall begin to run, repealing for the purpose Act No. 3326, as amended.
The author explained that under the approved bill, a substitute measure to the original HB
3570, the computation for the period of prescription for violations of penal laws and municipal
or city ordinances are necessary, otherwise the State shall lose its right to prosecute offenders
who are inimical to a peaceful and civilized society.
It is proposed that violations penalized by special laws shall, unless otherwise provided
in such Acts, prescribe in accordance with the following rules:
(a) after a year for offenses punishable by fine only or by imprisonment for not more
than one (1) month, or both;
(b) after four (4) years for those punishable by imprisonment for more than one (1) years
but less than two (2) years;
(c) after eight (8) years for those punishable by imprisonment for two (2) years or more
but less than six (6) years;
(d) after fifteen (15) years for any other offense punishable by imprisonment of six (6)
years or more; and
(e) after twenty (20) years for those offenses punishable by reclusion perpetua or life
imprisonment.
It is also provided that prescription for violations of lax law shall be governed by the
existing tax code while violations of local ordinances shall prescribe after two (2) years.
Likewise, prescription shall begin to run from the day of the commission of the violation
of the law, and if the same be not known at the time, from the discovery thereof and the
institution of judicial proceeding for its investigation and punishment.
Furthermore, the prescriptive period shall be interrupted when administrative or judicial
proceedings are instituted against the accused or by the filing of complaint in an administrative
case for purposes of investigation and shall begin to run again if the proceedings are dismissed
for reasons not constituting jeopardy. (30) dpt