Filing of complaint before DOJ stops prescriptive period for crimes — SC

The Supreme Court (SC) said Friday it has ruled that the time limit or prescriptive period for prosecuting crimes stops once a complaint is filed with the Department of Justice (DOJ) and not when the case reaches the court.

According to the court, the SC En Banc abandoned its previous ruling that held that the prescriptive period for crimes covered by the 1991 Revised Rules on Summary Procedures stops only when a case is filed in court.

The SC said that the prescriptive period for crimes stops upon the filing of the complaint and the start of the summary investigation.

It said that the State should not be disadvantaged by delays in the DOJ’s preliminary investigations.

“It is unjust to deprive the injured party of the right to obtain vindication on account of delays that are not under [their] control,” the SC said in its decision.

“All that the victim of the offense may do on [their] part to initiate the prosecution is to file the requisite complaint,” it added.

According to the court, the The SC’s ruling on the prescriptive period for prosecuting crimes will apply prospectively.

Crimes that are covered under the Rules on Summary Procedures include traffic violations, ordinance breaches, and crimes punishable by up to six months of imprisonment and fines up to P1,000.

However, the Rules on Expedited Procedures replaced the Rules on Summary Procedure in 2022, expanding the coverage to include crimes punishable by one year of imprisonment and fines up to P50,000.

The DOJ later issued its Rules on Summary Investigation and Expedited Preliminary Investigation. This provides that a summary investigation shall be conducted if the prescribed penalty of imprisonment is up to a year.

Meanwhile, the SC clarified that the prescriptive period for criminal tax offenses that are not immediately known starts from the time the violation is discovered.

It said the prescriptive period is interrupted once the preliminary investigation starts. — RSJ, GMA Integrated News