Case Summary (G.R. No. L-7234)
Background of the Case
On July 27, 1953, an information was filed against Paz M. del Rosario in the Municipal Court of Pasay City, charging him with slight physical injuries allegedly committed on May 28, 1953. Del Rosario moved to quash the information, asserting that the charge had already prescribed under Articles 90 and 91 of the Revised Penal Code, resulting in the municipal court's dismissal of the case.
Legal Provisions Considered
The primary statutory provisions at issue are Articles 90 and 91 of the Revised Penal Code. Article 90 establishes that light offenses, like slight physical injuries, prescribe in two months, while Article 91 states that the prescriptive period begins when the crime is discovered by the offended party or relevant authorities.
Court's Findings on Prescription Computation
The municipal court interpreted the two-month prescriptive period to begin on the day the offense occurred, May 28, 1953. By this calculation, the period had elapsed by the time the information was filed. The Solicitor General challenged this by arguing that compliant with Article 13 of the Civil Code, the first day should be excluded from the computation. The Supreme Court agreed, clarifying that the law traditionally excludes the first day of the period and includes the last day, establishing that the actual filing occurred on the 60th day.
Interpretation of "Month"
The court further examined the interpretation of "month" in Article 90 of the Revised Penal Code, distinguishing between a calendar month and a regular 30-day month. It noted that Article 7 of the old Civil Code defined a month as containing 30 days, a principle that was reaffirmed by the Revised Administrative Code before reverting under the new Civil Code. The court concluded that, according to Article 13 of the new Civil Code, a month should be construed as 30 days, thereby affirming th
...continue readingCase Syllabus (G.R. No. L-7234)
Case Background
- On July 27, 1953, an information was filed in the Municipal Court of Pasay City against Paz M. del Rosario, charging her with slight physical injuries allegedly committed on May 28, 1953.
- The accused filed a motion to quash the information, arguing that the offense had already prescribed under Articles 90 and 91 of the Revised Penal Code.
- The Municipal Court granted the motion and dismissed the case, leading to an appeal by the prosecution to the Supreme Court.
Legal Provisions Involved
- Article 90 of the Revised Penal Code: Prescribes that slight offenses, such as oral defamation and slander by deed, shall prescribe in two months.
- Article 91 of the Revised Penal Code: States that the period of prescription commences from the day the crime is discovered by the offended party or the authorities.
- Article 13 of the Civil Code: Defines the month for legal computation purposes, specifying that the first day is excluded and the last day is included.
Issues on Appeal
- The appeal presents two primary legal questions:
- Should the prescriptive period commence from the day the crime was committed or the day following its commission?
- Should the term "month" in the Revised Penal Code be interpreted as a calen