Recebido vs. People, 346 SCRA 881 (2000) Digest

Prescription of Crime

36. Recebido vs. People, 346 SCRA 881 (2000)

Student: G-one T. Paisones

Professor: Atty. Cisco Franz S. Maclang

Facts:

                On September 9, 1990, private complainant CaridadDorol went to the house of her cousin, petitioner AnicetoRecebido, at San Isidro, Bacon,Sorsogon to redeem her property, an agricultural land located at San Isidro, Bacon, Sorsogon, which Caridad mortgaged to petitioner sometime in April of 1985.  Petitioner and Caridad did not execute a document on the mortgage but Caridad instead gave petitioner a copy of the Deed of Sale dated June 16, 1973 executed in her favor by her father, Juan Dorol.
                In said confrontation, petitioner refused to allow Caridad to redeem her property on his claim that she had sold her property to him in 1979. Caridad maintained and insisted that the transaction between them involving her property was a mortgage.

                Caridad verified from the Office of the Assessor in Sorsogon that there exists on its file a Deed of Sale dated August 13, 1979, allegedly executed by Caridad l in favor of petitioner and that the property was registered in the latter's name.  After comparison of the specimen signatures of Caridad in other documents with that of the signature of Caridad on the questioned Deed of Sale, NBI Document Examiner Antonio Magbojas, found that the latter signature was falsified.
                CaridadDorol filed her complaint against petitioner Aniceto with the  National Bureau of Investigation (NBI), Legaspi City and its Questioned Documents Division conducted an examination in the original copy of the Deed of Sale in question allegedly signed by Caridad, particularly her signature affixed thereon.

Issue:

                Whether or not the crime charged had already prescribed at the time the information was filed.

Held:

                No.

Ratio:

                Under Article 91 of the Revised Penal Code, the period of prescription shall "commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, x xx."  In People v. Reyes,^[12]this Court has declared that registration in public registry is a notice to the whole world.  The record is constructive notice of its contents as well as all interests, legal and equitable, included therein.  All persons are charged with knowledge of what it contains.