Zaldivia vs. Reyes, Jr.

G.R. No. 102342. July 3, 1992.*

PRINCIPLES:
1. Section 1, Rule 110 of the Rules on Criminal Procedure does not apply to offenses which are subject to
summary procedure.
2. Rule on Summary Procedure covers offenses violations of municipal or city ordinances, it follows that the
charge against for violation of such is governed by that rule and not Section 1 of Rule 110.
3. Under Section 9 of the Rule on Summary Procedure, the running of the prescriptive period shall be halted on
the date the case is actually filed in court and not on any date before that.
4. Interruption by judicial proceedings, not administrative proceedings - the period of prescription shall be
suspended “when proceedings are instituted against the guilty party.” The proceedings referred to in Section
2 of Act No. 3326 are “judicial proceedings,” not administrative proceedings.
5. In case of conflict, the Rule on Summary Procedure as the special law, prevails over Section 1 of Rule 110 of
the Rules on Criminal Procedure and also Rule 110 of the Rules on Criminal Procedure must yield to Act No.
3326.
FACTS:
Luz M. Zaldivia is charged with quarrying for commercial purposes without a mayor’s permit in violation of
Ordinance No. 2, Series of 1988, of the Municipality of Rodriguez, Rizal allegedly committed on May 11, 1990.
The referral-complaint of the police was received by the Office of the Provincial Prosecutor of Rizal on May 30,
1990. The corresponding information was filed with the MTC of Rodriguez on October 2, 1990.
The petitioner moved to quash the information on the ground that the crime had prescribed. She
concluded that as the information was filed way beyond the two-month statutory period from the date of the
alleged commission of the offense, the charge against her should have been dismissed on the ground of
prescription. The motion was denied. On appeal, RTC sustained the denial. Hence, this petition for review on
certiorari.
The petitioner first argues that the charge against her is governed by the provisions of the Rule on
Summary Procedure which covers violations of municipal or city ordinances.
She then invokes Act No. 3326, entitled “An Act to Establish Periods of Prescription for Violations Penalized
by Special Acts and Municipal Ordinances and to Provide When Prescription Shall Begin to Run,” as follows:
Section1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in accordance with the
following rules: x x x Violations penalized by municipal ordinances shall prescribe after two months.
Section 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not
known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and
punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again
if the proceedings are dismissed for reasons not constituting jeopardy.

For its part, the prosecution contends that the prescriptive period was suspended upon the filing of the
complaint against her with the Office of the Provincial Prosecutor. Agreeing with the respondent judge, the
Solicitor General also invokes Section 1, Rule 110 of the 1985 Rules on Criminal Procedure, providing as
follows:
Section 1. How Instituted - For offenses not subject to the rule on summary procedure in special cases, the institution of

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criminal action shall be as follows:
a)For offenses falling under the jurisdiction of the Regional Trial Court, by filing the complaint with the appropriate officer
for the purpose of conducting the requisite preliminary investigation therein;
b) For offenses falling under the jurisdiction of the Municipal Trial Courts and Municipal Circuit Trial Courts, by filing the
complaint directly with the said courts, or a complaint with the fiscal’s office. However, in Metropolitan Manila and other
chartered cities, the complaint may be filed only with the office of the fiscal.
In all cases such institution interrupts the period of prescription of the offense charged.

The respondent maintains that the filing of the complaint with the Office of the Provincial Prosecutor
comes under the phrase “such institution” and that the phrase “in all cases” applies to all cases, without
distinction, including those falling under the Rule on Summary Procedure.
ISSUES:
1. WON Sec 1 Rule 110 applies to violations of municipal or city ordinances;
2. How does the court resolve in case of conflict between the rules;
3. WON the prescription period ceased to run when the case was filed on the prosecutor’s office
HELD:
1. NO. The court held that it is clearly provided in the Rule on Summary Procedure that among the offenses it
covers are violations of municipal or city ordinances, it should follow that the charge against the petitioner for
violation of a municipal ordinance of Rodriguez is governed by that rule and not Section 1 of Rule 110.
2. The Court held that if there is conflict between the Rule on Summary Procedure and Section 1 of Rule 110 of
the Rules on Criminal Procedure, the former should prevail as the special law. And if there be a conflict between
Act No. 3326 and Rule 110 of the Rules on Criminal Procedure, the latter must again yield because th e Court, in
the exercise of its rule-making power, is not allowed to “diminish, increase or modify substantive rights” under
Article VIII, Section 5(5) of the Constitution. Prescription in criminal cases is a substantive right.
3. NO. Under Section 9 of the Rule on Summary Procedure, the running of the prescriptive period shall be
halted on the date the case is actually filed in court and not on any date before that. Section provides, “the
complaint or information shall be filed directly in court without need of a prior preliminary examination or
preliminary investigation.” Both parties agree that this provision does not prevent the prosecutor from
conducting a preliminary investigation if he wants to. However, the case shall be deemed commenced only
when it is filed in court, whether or not the prosecution decides to conduct a preliminary investigation.
The Court concluded that the prescriptive period for the crime imputed to the petitioner commenced from
its alleged commission on May 11, 1990, and ended two months thereafter, on July 11, 1990, in accordance
with Section 1 of Act No. 3326. It was not interrupted by the filing of the complaint with the Office of the
Provincial Prosecutor on May 30, 1990, as this was not a judicial proceeding. The judicial proceeding that could
have interrupted the period was the filing of the information with MTC Rodriguez, but this was done only on
October 2, 1990, after the crime had already prescribed.
The petition is GRANTED, and the challenged Order is SET ASIDE. Criminal Case in the MTC of Rodriguez, Rizal,
is DISMISSED on the ground of prescription

DJEMPANIA