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ROBERTO BRILLANTE vs. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES G.R. Nos. 118757 & 121571 October 19, 2004 TINGA, J. Facts Roberto Brillante, then a candidate for the position of councillor in Makati City held a pres conference where he accused Jejomar Binay, a candidate for mayoralty in Makati, and Nemesio Prudente of plotting an assassination plot against Augusto Syjuco, another mayoral candidate in Makati. Several journalists wrote articles regarding the same and an open letter was published as well. Later, Binay and Prudente both filed libel charges against Brillante. The trial court found Brillante guilty of four counts of libel, which decision the CA affirmed. Issue Whether or not the act of libel charged against petitioner has prescribed when the Information was filed before the trial court Ruling No. Article 90 of the Revised Penal Code provides p rovides that the crime c rime of libel shall prescribe within one year. In determining when the one year prescriptive period should be reckoned, reference must be made to Article 91 of the same code which sets forth the rule on the computation of prescriptive periods of offenses which states that period of prescription shall be interrupted by the filing of the complaint or information. In the case, a proceeding in the Fiscal's Office may terminate without conviction or acquittal.
