Civil Law (Prescription) x Criminal Law

Question 1

What is the effect of the institution of the criminal action on the prescriptive period?

Answer 1

Rule 110, Section 1, Rules of Court

“The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws.”

Act No. 3326, as amended, is the law which governs the period for prescription for violation penalized by special acts and municipal ordinances.

Question 2

In Zaldivia v. Reyes, Jr. (211 SCRA 277, G.R. No. 102342, July 3, 1992), what was the ruling if there was conflict between Act No. 3326 and Rule 110 of the Rules of Court?

Answer 2

Rule 110 of the Rules of Court must yield because the Court, in the exercise of its rule-making power, is not allowed to “diminish, increase, or modify substantive rights” under the Constitution and that “… prescription in criminal cases is a substantive right.”