Case Digest (G.R. No. L-28841)
Facts:
Rafael Yapdiangco v. The Hon. Concepcion B. Buencamino and Hon. Justiniano Cortez, G.R. No. L-28841, June 24, 1983, Supreme Court First Division, Gutierrez, Jr., J., writing for the Court.The City Fiscal of Quezon City filed an information for slight physical injuries against Rafael Yapdiangco on February 1, 1965, alleging the offense occurred on December 2, 1964. The petitioner moved to quash the information on September 10, 1965, arguing that the information was filed on the 61st day after discovery and therefore beyond the 60-day prescriptive period under Article 90 of the Revised Penal Code.
On September 14, 1965 the City Court of Quezon City denied the motion to quash, reasoning that the 60th day fell on a Sunday and invoking the rule that when the last day for filing a pleading falls on a Sunday the act may be done on the next succeeding business day. The City Court denied a motion for reconsideration. The petitioner then filed a petition for certiorari and mandamus with preliminary injunction before the Court of First Instance of Rizal.
On July 11, 1966 the Court of First Instance of Rizal dismissed the petition for certiorari and mandamus; a motion for reconsideration was likewise denied. The petitioner appealed to the Supreme Court, raising (1) that Sunday is not a legal efficient cause to interrupt prescription, (2) that the prescriptive period may not be extended by the intervention of a Sunday or legal holiday, and (3) that the trial court erred in denying the petition for mandamus and preliminary injunction. The parties litigated the applicability of Article 91 of the Revised Penal Code, Article 13 of the Civil Code (months = 30 days), Sec. 31 of the Revised Administrative Code...(Subscriber-Only)
Issues:
- Whether a Sunday or legal holiday is a legal efficient cause that interrupts the prescription of an offense, thereby permitting the filing of an information on the next succeeding business day.
- Whether provisions such as Sec. 31, Revised Administrative Code and Section 1, Rule 28 of the Old Rules of Court apply to extend the period fixed by law for commencing a criminal prosecution.
- Whether the lower courts erred in denying the petition for certiorari and mandamus (and preliminary injun...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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