Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO3.0'70

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
AMENDING ACT NO. 3326, OTHERWISE KNOWN AS “AN ACT TO
ESTABLISH PERIODS OF PRESCRIPTION FOR VIOLATIONS PENALIZED
BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE
WHEN PRESCRIPTION SHALL BEGIN TO RUN”

EXPLANATORY NOTE

The computation for the period of prescription for violations of special
penal laws and municipal or city ordinances is necessary, otherwise the State
shall lose its right to prosecute offenders which are inimical to a peaceful and
civilized society

The proponent believes that the present law on the matter which Act No.
3320, otherwise known as Act to Establish Periods of prescription for Violations
Penalized by Special Acts and Municipal Ordinances and to Provide When
Prescription Shall Begin to Run, needs to be amended to properly prosecute
offenses.

It is proposed that violations punishable by imprisonment of six (6) years
or more shall prescribe after fifteen (15) years. Furthermore, offenses punishable
by death of life imprisonment shall prescribe in twenty (20) years. It is also
proposed that the running of the period of prescription is tolled by the filing of
either administrative or judicial proceedings against the accused since
investigation for purposes of prosecution has become a function of the executive
branch hence, it should now be understood as either executive or judicial in
character.

In view of the foregoing, the immediate passage of this bill is earnestly

i. ba. BY


er Anan

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _39'70

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT
AMENDING ACT NO. 3326, OTHERWISE KNOWN AS “AN ACT TO
ESTABLISH PERIODS OF PRESCRIPTION FOR VIOLATIONS PENALIZED
BY SPECIAL ACTS AND MUNICIPAL ORDINANCES AND TO PROVIDE
WHEN PRESCRIPTION SHALL BEGIN TO RUN”

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 1 of Act No. 3326, otherwise known as “An Act to Establish
Periods of Prescription for Violations Penalized by Special Acts and Municipal
Ordinances and to Provide When Prescription Shall Begin to Run”, as amended,
is hereby further amended to read as follows:

“SECTION 1. Violations penalized by special acts shall, unless otherwise
provided in such acts, prescribe in accordance with the following rules: (a) after a
year for offenses punished only by a fine or by imprisonment for not more than
‘one month, or both; (b) after four years for those punished by imprisonment for
more than one month, but less than two years; (c) after eight years for those
punished by imprisonment for two years or more, but less than six years; [and]
(d) after [twelve] FIFTEEN years for any other offense punished by imprisonment
for six years or more[, except the crime of treason, which shall prescribe after
twenty years.]; AND (E) AFTER TWENTY YEARS FOR THOSE OFFENSES
PUNISHED BY DEATH OR LIFE IMPRISONMENT: Provided, however, That all
offenses against any law or part of law administered by the Bureau of Internal


Revenue shall prescribe after five years. Violations penalized by municipal
ordinances shall prescribe after two months.”

SEC. 2. Section 2 of Act No. 3326 is hereby amended to read as follows:

“SEC. 2, 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. “The prescription shall be interrupted when EITHER
ADMINISTRATIVE OR JUDICIAL proceedings are instituted against the [guilty
person] ACCUSED OR BY FILING OF THE COMPLAINT FOR PURPOSES OF
INVESTIGATION, and shall begin to run again if the proceedings are dismissed
for reasons not constituting jeopardy.”

SEC. 3. Separability Clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or provision not otherwise affected
shall remain valid and subsisting.

SEC. 4. Repealing Clause. — All laws, decrees, executive orders, presidential
issuances and other administrative rules and regulations or parts thereof which
are inconsistent with this Act are hereby repealed, amended or modified
accordingly.

SEC. 5. Effectivity. - This Act shall take effect immediately after its publication in
two (2) newspapers of general circulation.

Approved,