US vs.

Serapio

GR No. L-7557

December 7, 1912

Facts: Defendant was charged with the crime of libel. The information alleged
that the defendant imputed to Bonifacio Morales the commission of the crime of
murder in a correspondence to the Executive Secretary. Upon arraignment,
defendant moved for demurrer stating that the facts alleged in the information
did not constitute a crime, and prescription had already set in. The trial court
dismissed the first contention in the demurrer of defendant, but sustained the
second. Thus, it ruled that the period for the prosecution of the crime of libel
against the defendant had already prescribed, pursuant to the provisions of
Article 131 of the old Penal Code, in relation to Act No. 277.

Issue: Whether the trial court was correct in ruling that prescription had set in

Ruling: NO. By prescription or limitation of actions, the right of action is not

extinguished, neither under the common nor under the civil law. Both the Civil
and Penal Codes provide when the action is extinguished and when it is
prescribed simply. These statutes (of prescription or limitation) did not destroy
the right. They simply provided in effect, that, after the lapse of the time
prescribed by law, the defendant might object, if he desired, to being sued. If the
defendant failed, in some proper way, to object, or, in other words, interpose the
statutory defense, the action could be maintained. The statute provided a special
defense simply. If the defense of prescription or limitation is not expressly
raised, it is waived and is not available. It cannot be raised by demurrer. It must
be expressly pleaded. (Aldeguer et al. vs. Hoskyn, 2 Phil. Rep., 500; Domingo vs.
Osorio, 7 Phil. Rep., 405; Maxilom vs. Tabotabo, 9 Phil. Rep., 390; Harty vs. Luna, 13 Phil.
Rep., 31; Sunico vs. Ramirez, 14 Phil. Rep., 500.). There is no general or special provision
of law making any of the provisions of the Penal Code applicable to the Libel of Law of the
United States Commission (Act No. 277), except the provision as to subsidiary imprisonment
when a fine is imposed. Also, the period of prescription fixed by article 131 of the Penal
Code for calumny and insults, does not apply to the crime of libel as defined and punished
under Act No. 277 of the United States Commission.