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Case Digest on Repdica vs CA

November 10, 2010


Facts:

Isabelita Reodica was driving her van along Doña Soledad Avenue, Better Living Subdivision, Pque.

Reckless: hit car of Bonsol

Ø   physical injuries

Ø   damage to car

Info was field: Reckless Imprudence Resulting in Damage to property with Slight Physical injury.

Pleaded not guilty.

RTC Makati: convicted her of the quasi-offense of reckless imprudence resulting in damage to property with slight physical injuries.

Petitioner appealed to CA. Subsequently filed motions for extension it file her brief. Granted then file motion to Withdraw appeal for probation purposes and to suspend, ex abundanti Cautela, period for filing Appellant’s brief.

Denied.

Issue: WON filing of complaint with fiscal’s office stops running of prescriptive period

Held: YES

Ratio:

  1. Article 91 does not distinguish.

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint of information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped by any reason not imputable to him. (emphasis supplied)

Reckless imprudence resulting in slight physical injuries: light felony: prescribes in 2 months

Reckless imprudence resulting in damage to property in the amount of 8, 542, less grave felony: prescribes in 5 months.

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