Title
Prescription Periods for Penal Violations
Law
Act No. 3326
Decision Date
Dec 4, 1926
Act No. 3326 establishes prescription periods for violations penalized by special acts and municipal ordinances in the Philippines, with different time frames based on the severity of the offense, aiming to provide guidelines on when the prescription period begins and how it can be interrupted.

Scope: special acts and municipal ordinances

  • Section 1 governs violations penalized by special acts unless those acts provide otherwise.
  • Section 1 governs violations penalized by municipal ordinances.
  • Section 3 defines special acts as acts that define and penalize violations of law not included in the Penal Code.
  • Section 1 sets separate prescription rules for offenses penalized by special acts and by municipal ordinances.

Prescription periods for special acts

  • Section 1(a) provides that violations penalized by special acts prescribe after one year for offenses punished only by a fine or by imprisonment for not more than one month, or both.
  • Section 1(b) provides that violations prescribe after four years for offenses punished by imprisonment for more than one month but less than two years.
  • Section 1(c) provides that violations prescribe after eight years for offenses punished by imprisonment for two years or more but less than six years.
  • Section 1(d) provides that violations prescribe after twelve years for any other offense punished by imprisonment for six years or more.
  • Section 1(d) provides that the offense of treason prescribes after twenty years.

Prescription periods for municipal ordinances

  • Section 1 provides that violations penalized by municipal ordinances prescribe after two months.

When prescription begins to run

  • Section 2 provides that prescription begins to run from the day of the commission of the violation.
  • Section 2 provides that if the violation is not known at the time, prescription begins to run from discovery of the violation.
  • Section 2 further provides that when the violation was not known at the time, prescription begins to run from the discovery thereof and the institution of judicial proceedings for investigation and punishment.

Interruption and restarting of prescription

  • Section 2 provides that prescription is interrupted when proceedings are instituted against the guilty person.
  • Section 2 provides that prescription begins to run again if the proceedings are dismissed for reasons not constituting jeopardy.

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