FULLCASES - LUZ M ZALDIVIA petitioner vs HON ANDRES B REYES...

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LUZ M. ZALDIVIA, petitioner, vs. HON. ANDRES B. REYES, JR., in his capacity as Acting Presiding Judge of the Regional Trial Court, Fourth Judicial Region, Branch 76, San Mateo, Rizal, and PEOPLE OF THE PHILIPPINES, respondents. CRUZ, J.: The Court is asked to determine the applicable law specifying the prescriptive period for violations of municipal ordinances. The petitioner is charged with quarrying for commercial purposes without a mayor's permit in violation of Ordinance No. 2, Series of 1988, of the Municipality of Rodriguez, in the Province of Rizal. The offense was allegedly committed on May 11, 1990. 1 The referral-complaint of the police was received by the Office of the Provincial Prosecutor of Rizal on May 30, 1990. 2 The corresponding information was filed with the Municipal Trial Court of Rodriguez on October 2, 1990. 3 The petitioner moved to quash the information on the ground that the crime had prescribed, but the motion was denied. On appeal to the Regional Trial Court of Rizal, the denial was sustained by the respondent judge. 4 In the present petition for review on certiorari, the petitioner first argues that the charge against her is governed by the following provisions of the Rule on Summary Procedure: Sec. 1. Scope — This rule shall govern the procedure in the Metropolitan Trial Courts, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases:
xxx xxx xxx B. Criminal Cases: 1. Violations of traffic laws, rules and regulations; 2. Violations of rental law; 3. Violations of municipal or city ordinances; 4. All other criminal cases where the penalty prescribed by law for the offenses charged does not exceed six months imprisonment, or a fine of one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. . . . (Emphasis supplied.) xxx xxx xxx Sec. 9. How commenced. — The prosecution of criminal cases falling within the scope of this Rule shall be either by complaint or by information filed directly in court without need of a prior preliminary examination or preliminary investigation: Provided, however, That in Metropolitan Manila and chartered cities, such cases shall be commenced only by information; Provided, further, That when the offense cannot be prosecuted de oficio, the corresponding complaint shall be signed and sworn to before the fiscal by the offended party. She then invokes Act. No. 3326, as amended, entitled "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," reading as follows:
Sec. 1. Violations penalized by special acts shall, unless provided in such acts, prescribe in accordance with the following rules: . . . Violations penalized by municipal ordinances shall prescribe after two months.

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