People of the Philippines vs. Clemente Bautista

G.R. No. 168641, April 27, 2007; per Austria-Martinez, J.

Facts

A dispute arose between respondent and his co-accused Leonida Bautista, on one hand, and private complainant Felipe Goyena, Jr., on the other. Private complainant filed a Complaint with the Office of the Barangay of Malate, Manila, but no settlement was reached. The barangay chairman then issued a Certification to file action dated August 11, 1999.On August 16, 1999, private complainant filed with the Office of the City Prosecutor a Complaint for slight physical injuries against herein respondent and his co-accused. After conducting the preliminary investigation, Prosecutor Jessica Junsay-Ong issued a Joint Resolution recommending the filing of an Information against herein respondent. The Information was, however, filed with the MeTC of Manila, Branch 28 only on June 20, 2000.

Respondent sought the dismissal of the case against him on the ground that by the time the Information was filed, the 60-day period of prescription from the date of the commission of the crime, that is, on June 12, 1999 had already elapsed. The MeTC ruled that the offense had not yet prescribed.

Issue

Whether or not the prescriptive period began to run anew after the investigating prosecutor’s recommendation to file the proper criminal information against respondent was approved by the City Prosecutor.

Ruling

The Supreme Court ruled that the term of prescription shall not run when the offender is absent from the Philippine Archipelago. It is a well-settled rule that the filing of the complaint with the fiscal’s office suspends the running of the prescriptive period. The proceedings against respondent was not terminated upon the City Prosecutor's approval of the investigating prosecutor's recommendation that an information be filed with the court. The prescriptive period remains tolled from the time the complaint was filed with the Office of the Prosecutor until such time that respondent is either convicted or acquitted by the proper court.