Case Summary (G.R. No. L-47646)
Timeline of Legal Proceedings
On May 10, 1977, Gomboc filed a complaint for acts of lasciviousness against Gadon, which was recorded as Criminal Case No. 1995 in the municipal court of San Andres, Romblon. A preliminary investigation conducted by the municipal mayor resulted in a warrant of arrest. However, on July 1, 1977, the case was dismissed due to procedural errors in the preliminary investigation. Following this, Gomboc re-filed her complaint on July 13, 1977, leading to the case being changed to unjust vexation and re-docketed as Criminal Case No. 2000. Gadon was arraigned and pleaded not guilty.
Dismissal of Charges
Gadon subsequently filed a motion to quash the case, arguing that the crime had prescribed. In an order dated October 11, 1977, the respondent judge granted the motion, stating that the period for prescription had elapsed. The petitioner contested this decision through a motion for reconsideration, which was denied on November 9, 1977.
Applicable Law on Prescription
The relevant statute is Article 91 of the Revised Penal Code, which delineates the calculation of the prescription of offenses. It states that the period of prescription begins from the discovery of the crime by the offended party or the authorities and includes interruptions during judicial processes. It also specifies that the prescriptive period does not run when the offender is absent from the Philippines.
Arguments Regarding Prescription
The respondents maintained that the period of prescription should be calculated from April 29, 1977, the date the alleged unjust vexation occurred, and stated that by the time the amended complaint was filed on July 21, 1977, 83 days had elapsed, thereby barring prosecution. They argued that previous proceedings concerning acts of lasciviousness did not interrupt the prescription period for unjust vexation.
Court's Ruling on Interruption of Prescription
The Court rejected the respondents’ argument, explaining that the filing of the original complaint with the municipal mayor constituted a valid act that effectively suspended the period of prescription as per Article 91. It established that the municipal mayor was acting within his authority in the absence of a municipal judge.
Clarifying the Nature of the Offenses
The Court further clarified that while unjust vexation and acts of lasciviousness are separate offenses, the nature of the acts committed by Gadon fell within the parameters of both, thus the prosecution of one offense could preserve the right to prosecute the other. The mere designation of the offense in the complaint does not invalidate the proceedings, as long as the situation described therein supports an actionable offense.
Conclusion on Pres
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Case Background
- The case arises from a petition for certiorari challenging the decision of respondent Judge Cesar R. Maravilla, which dismissed a criminal case for unjust vexation on the grounds of prescription.
- The petitioner contends that the prescriptive period of sixty days for the crime of unjust vexation had not been exceeded and that Manuel B. Gadon, the accused, should stand trial for his actions.
- The complainant, Remy G. Gomboc, a 24-year-old saleslady, alleges that on April 29, 1977, Gadon inappropriately grabbed her left breast without her consent, leading to her feelings of shock, indignation, and shame.
Procedural History
- On May 10, 1977, Gomboc filed a complaint for acts of lasciviousness against Gadon, which was assigned as Criminal Case No. 1995.
- A preliminary investigation conducted by the mayor, due to the absence of a municipal judge, resulted in a warrant of arrest and a bail amount set at P4,000.00, which Gadon posted immediately.
- On July 1, 1977, the municipal judge dismissed the case after nullifying the preliminary investigation and arrest warrant, citing the mayor's failure to ask the necessary questions as per the Rules of Court.
- Gomboc re-filed her charge of acts of lasciviousness on July 13, 1977, which was recorded as Criminal Case No. 1998.
- On July 19, 1977, after a p