33. Zaldivar v. Reyes, Jr., G.R. No.

102342 July 3, 1992

Facts:

A complaint was filed before the fiscal’s office constituting an offense in violation of a city
ordinance. The fiscal did not file the complaint before the court immediately but instead filed it 3 months
later. The defendant’s counsel filed a motion to quash on ground that the action to file the complaint has
prescribed. The fiscal contends that the filing of the complaint before his office already interrupts the
prescription period.

Issue:

Whether or not the filing of information/complaint before the fiscal office constituting a violation
against a special law/ordinance interrupts prescription.

Ruling:

No. The mere filing of complaint to the fiscal’s office does not interrupt the running of
prescription on offenses punishable by a special law. The complaint should have been filed within a
reasonable time before the court. It is only then that the running of the prescriptive period is interrupted.