Art. 91.

Computation of prescription of offenses. The period of prescription

shall commence to run from the day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be interrupted by the filing of the

a)

When the proceeding is terminated without the accused being convicted or acquitted

b)

When the proceeding is unjustifiably stopped for a reason not imputable to the offender

complaint or information, and shall commence to run again when such proceedings

terminate without the accused being convicted or acquitted, or are unjustifiably stopped

when such proceedings terminate termination that is final; an unappealed conviction

or acquittal

for any reason not imputable to him.

unjustifiably stopped for any reason example: accused evades arrest, proceedings
must be stopped

The term of prescription shall not run when the offender is absent from the Philippine

Archipelago.

Art 91 applies to a special law when said law does not provide for the application but
only provides for the period of prescription

If there is nothing concealed (appears in a public document), the crime commences to

run on the date of the commission

Period of prescription for crimes that is continuing never runs

Art. 92.

Crime needs to be discovered by:

sentence prescribe as follows:

When and how penalties prescribe. The penalties imposed by final

a)

offended party

1.

Death and reclusion perpetua, in twenty years;

b)

authorities

2.

Other afflictive penalties, in fifteen years;

c)

their agents

3.

Correctional penalties, in ten years; with the exception of the penalty of arresto

mayor, which prescribes in five years;

If a person witnesses the crime but only tells the authorities 25 years later, prescription
commences on the day the authorities were told.

a)

What interrupts prescription?

4.

Light penalties, in one year.

Note that final sentence must be imposed

If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the
original penalty that is used as the basis for prescription. However, if the convict already

preliminary examination or investigation w/c is similar to judicial proceeding

serves a portion of his sentence and escapes after, the penalty that was imposed (not the
b)

filing the proper complaint w/ the fiscals office and the prosecutor. Police not included.

c)

Filing complaint with the court that has proper jurisdiction

When the period commences to run again

original) shall be the basis for prescription

Fines less than 200 fall under light penalty. Those above are correccional.