Title
People vs. Castro
Case
G.R. No. L-6407
Decision Date
Jul 29, 1954
Pascual Castro punched Apolonio Bustos, causing injuries. The Supreme Court dismissed the case, ruling the crime prescribed under Article 90 of the Revised Penal Code, as the complaint was filed over two months later. Prescription defense was not waived despite procedural rules.

Case Summary (G.R. No. L-6407)

Facts of the Case

On the morning of January 19, 1952, Bustos encountered Castro while on his way to the barrio chapel for mass. During this interaction, a disagreement erupted, leading to Castro delivering a fist blow to Bustos' face, resulting in injuries that required medical attention for five days. Following this incident, Bustos filed a complaint for slight physical injuries on April 14, 1952, which was subsequently adjudicated in the Justice of the Peace Court of Macabebe. The lower court sentenced Castro to fifteen days of arresto menor and imposed costs. Castro appealed this decision to the Court of First Instance, where he entered a plea of not guilty.

Legal Grounds of the Appeal

During the trial at the Court of First Instance, Castro moved to dismiss the charges on the basis that the crime had already prescribed under Article 90 of the Revised Penal Code, which provides that a light offense prescribes in two months. The crux of the appeal rested on whether the trial court erred in not dismissing the information based on this plea of prescription, as the complaint was filed 86 days after the incident.

Waiver of Defense

The Solicitor General contended that Castro had effectively waived his defense of prescription by failing to file a motion to quash the information prior to pleading. According to Rule 113, Section 10 of the Rules of Court, if an accused does not move to quash before entering a plea, he waives all grounds for quashing the information, except in particular circumstances that do not apply in this case. Nonetheless, the defense argued that the principle of prescription, being a matter of substantive law, should not be subject to procedural waiver.

Application of Legal Precedents

The opinion of the court referenced the case of People vs. Moran, where the Supreme Court had previously allowed the defense of prescription to be raised at any stage, emphasizing that when the State loses its right to prosecute due to prescription, the defendant can seek dismissal of the case irrespective of procedural defaults. The court held that the substantive nature of prescription overrules procedural requirements set by the Rules of Court.

Decision of the Court

In light of the substantive law regarding the prescription of crimes, the court concluded that despite the procedural failure to raise the defense timely, the prescription of the crime could be invoked at any stage of the proceedings. This led to the reversal of the lower court's judgment and the dismissal of the charges against Castro due to the expiration of the statutory limit for prosecution.

Dissenting Opinion

Justice Bengzon, dissenting, argued that the majority opinion undermined the regulatory powers of the court as outlined in the Rules of Court. He maintained that the defense of prescription must be raised withi

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