Q. Dear Atty. Wong, I read your column in the Balita – Fil-Canadian Community Newspaper so, I took this opportunity to seek your views on a legal issue.
I know that Philippine law has a ‘prescription period’ for legal cases. However, what I wanted to know is if it applies to ALL cases especially family law. Sometime 1999, I had a son from an out-of-wedlock affair. His wife found out about the affair and threatened to sue me for adultery. But, I left him when I found out I was pregnant and never got to see him since.
As I understand it, the prescription period is ten years. Since we have not seen each other since 1999, although we knew each other’s whereabouts, is it covered under the ‘PRESCIPTION PERIOD’ set by our laws? I would appreciate very much whatever enlightenment you can give me on this matter. Thank you. LL
ANS: Hello ! And welcome to the Batas Pinoy corner .
As a general rule, the issue of “prescription” of offenses and cause of actions in Philippine jurisdiction depends on the law, nature and the seriousness of the offence , as well as the circumstances that preceded the commission of an offence or actionable acts. There are also causes of action that does not prescribed.
In the case of Adultery , this offence is a felony or a crime punishable under Revised Penal Code (Act No.3815 ) of the Philippines as amended .
When we speak of “prescription” in Criminal Law, its means the termination of the right or power to prosecute or punish the offender, after the lapse of a definite period from the commission of the offense, or if it is unknown, from the day of its discovery and the beginning of the judicial proceedings for instigation and punishment.”( People v Moran, 44 Phil 433).
It appears from what you said that sometime in 1999 who had son from an out of wedlock relationship . This imply that the supposed crime of Adultery, happened earlier than 1999 or seven(7) to nine (9) months earlier or sometime in 1998. Then, when the wife found out and threatened you with “adultery” suit , and realizing that you were also pregnant then, you left and have not heard from the couple again.
Now, your question is… has prescription set in? It depends. Under Art.333 of the Revised Penal Code, the crime of adultery is punishable by prison correctional in its medium and maximum periods. Correlating this provision with Art. 90 of the penal code, where it provides that crimes punishable by correctional penalty shall prescribe in ten (10) years, then you are right.
Now assuming that when your affair was discovered in 1998 and thereafter you severed your relationship with your married boyfriend and counting from the said period , to as of 2012, or fourteen (14) years thereafter, the crime is deemed prescribed. This presumption could be conclusive under the following circumstances :
1. Where no criminal action was filed against you since then ; and
2. That within the prescriptive period of ten (10) you were physically present in the Philippines Archipelago.
Under Art.91 of the Penal Code, the computation of the prescription shall commence to run from the day in which the crime is discovered by the offended party, the authorities, or their agents and shall be interrupted by the filing of the complaint or information and shall commence again to run when such proceedings terminate without the accused being convicted, or are unjustifiably stopped for any reason not imputable to the accused.
However, and notwithstanding the foregoing , the last paragraph of Art.91, also provides that the term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Thus, based on the foregoing , if you left the Philippines within or prior to the 10-year prescriptive period had lapsed as explained above, the crime has not yet prescribed as the period did not run , unless of course , you left the Philippines for abroad, after the prescriptive period which is not earlier than 2008 . In the latter case, the crime is deemed to have prescribed accordingly and conclusively.
Looking forward you’ll find the above in order. Thank you for writing.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
WARNING:This communication is intended for use by the individual(s) to whom it is specifically addressed and should not be read by, or delivered to, any other person. Such communication may contain privileged or confidential information. If you have received this communication in error, please notify the sender and permanently delete the communication. Thank you for your cooperation.
* * *
Readers who may have legal concerns affecting their persons, property, rights, title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino for comments to: attyrw@gmail.com .