JULY 30, 2015

NR # 3911B

House panel approves prescription periods for certain offenses

The House Committee on Revision of Laws has approved and endorsed plenary passage
of a bill setting the periods of prescription for certain offenses punishable by Special Acts and
violations of local ordinances.
Stressing the importance of the proposed amendatory measure, Hon. Marlyn L. PrimiciasAgabas, who is chairman of the endorsing committee and principal author of HB 5906, said its
prescription periods will afford the State ample time to prosecute offenders.
HB 5906, a substitute measure to the original HB 3570 also authors by Hon. PrimiciasAgabas, is entitled An Act establishing the periods of prescription for certain offenses
punishable by Special Acts and violations of local ordinances, and further providing the period
when prescription shall begin to run, repealing for the purpose Act No. 3326, as amended.
The computation for the period of prescription for violations of penal laws and municipal
or city ordinances is necessary, otherwise the State shall lose its right to prosecute offenders who
are inimical to a peaceful and civilized society, the author emphasized.
Under HB 5906, it is proposed that violations penalized by special laws shall, unless
otherwise provided in such Acts, prescribe in accordance with the following rules:
(a) after a years for offenses punishable by fine only or by imprisonment for not more
than one (1) month, or both
(b) after four (4) years for those punishable by imprisonment for more than one (1) years
but less than two (2) years;
(c) after eight (8) years for those punishable by imprisonment for two (2) years or more
but less than six (6) years;
(d) after fifteen (15) years for any other offense punishable by imprisonment of six (6)
years or more; and
(e) after twenty (20) years for those offenses punishable by reclusion perpetua or life
imprisonment.
It is also provided that prescription for violations of lax law shall be governed by the
existing tax code while violations of local ordinances shall prescribe after two (2) years.
HB 5906 states: 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 proceeding for its investigation and punishment.
It states further that: The prescriptive period shall be interrupted when administrative or
judicial proceedings are instituted against the accused or by the filing of complaint in an
administrative case for purposes of investigation and shall begin to run again if the proceedings
are dismissed for reasons not constituting jeopardy. (30) dpt