1) Reopening of Criminal Case

Section 24, Rule 119 of the 2000 Revised Rules on Criminal Procedure states: Sec. 24.
Reopening - At any time before finality of the judgment of conviction, the judge may, motu
proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a
miscarriage of justice.

2) Does archiving of criminal case stops the running of the prescriptive period of an
offense?

I. CRIMINAL CASES

ADMINISTRATIVE CIRCULAR NO. 7-92

(a) A criminal case may be archived only if after the issuance of the warrant of arrest, the
accused remains at large for six (6) months from the delivery of the warrant to the proper
peace officer. An order archiving the case shall require the peace officer to explain why the
accused was not apprehended. The Court shall issue an alias warrant if the original warrant
of arrest is returned by the peace officer together with the report. A copy of the order
archiving the case shall be furnished the complainant.

(b) The Court, motu propio or upon motion of any party, may likewise archive a criminal
case, when proceedings therein are ordered suspended for an indefinite period because:

[1] The accused appears to be suffering from an unsound mental condition which effectively
renders him unable to fully understand the charge against him and to plead intelligently, or
to undergo trial, and he has to be committed to a mental hospital;

[2] A valid prejudicial question in a civil action is invoked during the pendency of the criminal
case unless the civil and the criminal cases are consolidated; and

[3] An interlocutory order or incident in the criminal case is elevated to, and is pending
resolution/decision for an indefinite period before a higher court and a stay/suspension is
deemed appropriate in the interest of justice.

3) Prescription of crimes. The period of prescription starts to run from the date of the
discovery of the crime by the offended party, the authorities, or their agents. It is interrupted
by the filing of the – {a} complaint (with the prosecutor’s office for purposes of inquest or
preliminary investigation), or {b} information (only in those cases governed by the Rules of
Summary Procedure or those where direct filing is allowed [Jadewell Parking Systems vs.
Lidua, 706 SCRA 724]). Unless the offender is absent from the Philippines, it commences to
run again when such proceedings terminate without the accused being convicted or
acquitted or is unjustifiably stopped for any reason not imputable to him and for reasons not
constituting jeopardy.
 In Romualdez v. Hon. Marcelo,27 this Court defined the parameters of prescription:

In resolving the issue of prescription of the offense charged, the following should be
considered: (1) the period of prescription for the offense charged; (2) the time the period of
prescription starts to run; and (3) the time the prescriptive period was interrupted. 28 (Citation
omitted)

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 complaint or information, and shall
commence to run again when such proceedings terminate without the accused being convicted
or acquitted, or are unjustifiably stopped for any reason not imputable to him.

The offense was committed on May 7, 2003 and was discovered by the attendants of the
petitioner on the same day. These actions effectively commenced the running of the prescription
period.

The procedural rules that govern this case are the 1991 Revised Rules on Summary Procedure.

SECTION 1. Scope – This rule shall govern the summary procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit
Trial Courts in the following cases falling within their jurisdiction:

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B. Criminal Cases:

(1) Violations of traffic laws, rules and regulations;

(2) Violations of the rental law;

(3) Violations of municipal or city ordinances (Emphasis supplied)

Section 11 of the Rules provides that:

Sec. 11. How commenced. — The filing of criminal cases falling within the scope of this Rule
shall be either by complaint or by information: Provided, however, that in Metropolitan Manila
and in Chartered Cities, such cases shall be commenced only by information, except when the
offense cannot be prosecuted de officio.