THE Supreme Court (SC) on Friday ruled that the prescriptive period for prosecuting crimes stops running once a complaint is filed with the Department of Justice (DOJ), and not when the case reaches the court.
In a Decision penned by Associate Justice Henri Jean Paul Inting, the SC en banc reversed its rulings in two 2023 criminal cases which previously held that the prescriptive period for crimes covered by the 1991 Revised Rules on Summary Procedure stops only when the information is filed in court.
Because of developments over the years, the SC said the prescriptive period for crimes is tolled upon the filing of a complaint with the prosecution and the start of the summary investigation.
While criminal cases should ideally be resolved promptly, delays are sometimes unavoidable, according to the High Tribunal.
As such, the State, as the offended party, should not be disadvantaged by delays in the DOJ’s preliminary investigations, even in criminal cases under summary procedure.
“It is unjust to deprive the injured party of the right to obtain vindication on account of delays that are not under [their] control. All that the victim of the offense may do on [their] part to initiate the prosecution is to file the requisite complaint," the SC said.
The Court noted that the ruling on the interruption of the prescriptive period for prosecuting crimes will apply prospectively.
In 2022, the Rules on Expedited Procedures replaced the Rules on Summary Procedure expanding the coverage of summary procedure to include those crimes punishable by up to one year of imprisonment and fines up to P50,000.
Likewise, the rules provide that criminal cases may be filed either by complaint or information.
Meanwhile, in 2024, the DOJ issued its Rules on Summary Investigation and Expedited Preliminary Investigation providing that a summary investigation shall be done if the prescribed penalty is imprisonment of up to one year.
Citing these developments, the SC held that the prescriptive period for crimes is tolled upon the filing of a complaint with the prosecution and the start of the summary investigation.