A killed his wife and buried her in their backyard. He immediately went into hiding in the mountains.
Three years later, the bones of A’s wife were discovered by X, the gardener. Since X had a standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two years, Z, the caretaker, found the bones and reported the matter to the police.
After 15 years of hiding, A left the country but returned three years later to take care of his ailing sibling. Six years thereafter, he
a. Under the Revised Penal Code, when does the period of prescription of a crime commence to run? (1%)
b. When is it interrupted? (1%)
c. Is A’s defense tenable? Explain. (3%)
Suggested answer only. Not an official answer and not legal advice.
No, A's defense of prescription is untenable, as the 20-year prescriptive period for parricide had not lapsed when he was charged. Under Article 91 of the RPC, prescription commences when the crime is discovered by the
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Quick check
When does the prescriptive period of a crime commence under Article 91 of the Revised Penal Code?
Article 91 RPC states that prescription begins from the day the crime is discovered by the offended party, authorities, or their agents.
How does the absence of the offender from the Philippines affect the prescriptive period of a crime?
Under Article 91 RPC, prescription does not run while the offender is absent from the Philippine archipelago.
What event legally interrupts the running of the period of prescription for a felony?
Article 91 RPC provides that prescription is interrupted by the filing of the complaint or information.
Under Article 90 of the Revised Penal Code, what is the prescriptive period for parricide?
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Why does discovery of a corpse by a private person who conceals it NOT start criminal prescription?
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Learn more about these topics
1. Commencement of Prescription
Under Article 91 of the Revised Penal Code, the prescriptive period of a crime commences to run from the day on which the crime was discovered by the offended party, the authorities, or their agents. When a crime is concealed, such as burying a victim's remains, prescription does not begin upon commission. Discovery by a private individual who fails or refuses to report the matter to law enforcement does not trigger the prescriptive period. Prescription officially commences only when the offense or physical evidence is brought to the actual knowledge of public authorities or their recognized agents.
2. Interruption and Suspension
The period of prescription of a crime is legally interrupted by the filing of a complaint or information in court or with the proper officer for preliminary investigation. Furthermore, under Article 91 of the Revised Penal Code, the running of the prescriptive period is suspended during the time that the offender is absent from the Philippine archipelago. Any period spent by the accused residing or hiding abroad is strictly excluded from the computation of the prescriptive period, thereby extending the total calendar time within which the State may validly prosecute the criminal offense.
3. Parricide Prescription Period
Parricide under Article 246 of the Revised Penal Code is penalized by reclusion perpetua to death, which constitutes an afflictive penalty. Under Article 90 of the Revised Penal Code, crimes punishable by afflictive penalties prescribe in twenty years. To successfully invoke the defense of prescription in a parricide prosecution, twenty full net years—excluding periods of absence from the Philippines—must elapse from the official discovery of the crime by authorities until the formal filing of the criminal complaint or information. Otherwise, the defense of prescription must fail.