ROBERTO BRILLANTE ys. COURT OF APPEALS and THE PEOPLE-OF THE PHILIPPINES GR. Nos. 18757 & 121571 October 19,2004 TINGA.J, Facts Roberto Brillante, then a candidate for the position of councillor in Makati City held pros conference where he accused Isjomar Binsy, a candidate for mayorslty in Makati, and Nemesio Prudents of plating an assassination plot against Augusto Syjuco, another mayoral candidate in Makati; Several journalists wrote articles regarding the same and an open leer was published as well, Later, Binay and Prudsnte both fled libel charges against Brillante. The tial sour found Barllante guilty of four counts of libel, which decision the CA affirmed Issue ‘Whether or not the act of ‘was fled before the trial coun 1 charged against petitioner has prescribed when the Information Rating No, Aticte 90 of the Revised Penal Code provides thatthe cfg of libel shall pecs wii jae year. In determining when the one year prescriptive period should be reckoned. reference ammst be made to Article 91 of the same cods which scts forth the rule on the computation of prescriptive periods of offenses which states that period of prescription shall be interupied by the filing f the complaint or information. In the case. a proceeding in the Fiscals Office may terminate without conviction or acquittal