Title
People vs. Derosario
Case
G.R. No. L-15140
Decision Date
Dec 29, 1960
Juan del Rosario, a policeman, was accused of maltreating a detainee, Emilio Sy, in 1957. Convicted of slight physical injuries, he appealed, arguing the crime had prescribed. The Supreme Court dismissed the case, ruling the 2-month prescriptive period for light offenses had lapsed, as filing with the Fiscal’s Office did not interrupt it.

Case Summary (G.R. No. 160756)

Charges and Initial Findings

Del Rosario was charged with maltreatment of a detention prisoner, specifically for physically assaulting Emilio Sy in order to extract a confession. Following a trial in the Court of First Instance of La Union, the lower court found Del Rosario guilty of inflicting slight physical injuries, as the evidence did not sufficiently demonstrate that Sy was under detention according to the legal definitions required for the charge. Del Rosario was sentenced to 15 days of arresto menor, along with costs, leading him to appeal the decision.

Grounds for Appeal

In his appeal, Del Rosario acknowledged some liability for the slight physical injuries but argued that the charge had already prescribed. He contended that the information filed against him occurred more than six months after the alleged incident, exceeding the two-month prescriptive period that applies to light offenses as stipulated in Article 90 of the Revised Penal Code.

Prescription of Offense

The Solicitor General contended that the prescriptive period was interrupted by an earlier complaint filed with the Provincial Fiscal prior to April 25, 1957. Article 91 of the Revised Penal Code outlines the commencement of the prescriptive period, stating it begins when the offense is discovered and can be interrupted by filing a complaint or information in court.

Legal Precedent and Court's Reasoning

The court referenced the precedent set in People vs. Tayco, which established that the interrupting complaint must be filed in the appropriate court rather than merely lodged with the fiscal's office. The Supreme Court determined that since the information against Del Rosario was filed more than two months post-commission of the offense—with no valid interruption as per the presc

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