Daily Serving of Legal Matters

This post is a reply to the query thrown by one of my followers on whether or not the crime committed in violation of anti-fencing law prescribes.  Yes, all crimes have prescriptions.  But the period of prescription may vary depending on the degree of its imposable penalties. Article 90 of the Revised Penal Code of the Philippines states the prescription of crimes.  Thus: Crimes punishable by DEATH, RECLUSION PERPETUA or RECLUSION TEMPORAL shall prescribe in TWENTY YEARS. Crimes punishable by other AFFLICTIVE PENALTIES shall FIFTEEN YEARS. Those punishable by a CORRECTIONAL PENALTY shall prescribe in TEN YEARS; with the exception of those punishable by ARRESTO MAYOR, which shall prescribe in FIVE YEARS. The crime of libel or other similar offenses shall prescribe in ONE YEAR. The offenses of oral defamation and slander by deed shall prescribe in SIX MONTHS. Light offenses prescribe in TWO MONTHS. When the penalty fixed by law is a compound one, the highest penalty shall b...

When the law provides for the exemption of filing any criminal liability to supposedly offenders, the aggrieved party cannot do otherwise.  It is the law.  No matter how harsh it may be, it is the law.  Dura lex sed lex. In crimes committed against property, the Revised Penal Code provides persons who are exempt from any criminal liability.  However, they are not entirely without any liability because the victim may still file any civil liability to recover damages it may have from the commission of such crimes.