Quizon vs. Baltazar

On May 11, 1964 Private respondent Cecilia Sangalang filed two complaints of oral defamation against petitioners Federico Quizon and Profitisa Quizon which was committed on November 11, 1964. Petitioners argued that by express provision of Article 90 of the Revised Penal Code, the offense of Oral Defamation prescribes in six months and according to the case of People vs. Del Rosario, the computation starts from Nov. 12 to 30 which is 19 days; plus the number of days in the month of December 1963 and January 1964 which has 31 days each; plus the number of days in February 1964 which is 29 days; plus the number of days in March 1964; plus the number of days in April 1964; plus the number of days from May 1 to 9, May 9 which is the time of the filing of the complaint. Please refer to the table for the computation:

Nov. 12 to 30 – 19 daysDec. 1963 - 31 daysJan. 1964 - 31 daysFeb. 1963 - 29 daysMar. 1963 - 31 daysApr. 1963 - 30 daysFrom May 1 to 9 – 9 days

= 180 days or 6 months

But the respondents alleged that the computation should be in accordance with Article 13 of the New Civil Code which says that “when the laws speak of months, it shall be understood that month of thirty days each. It says further that “if months are designated by their name, they shall be computed by the number of days which they respectively have. So the computation should be; from November 12 to 30 1963 there are 19 days; plus 30 days each from the months of December to April; plus May 1 to 11, 1964. Please refer to the table:

Nov. 12 to 30, 1963 – 19 daysDec. – 30 daysJan. – 30 daysFeb – 30 daysMar. – 30 daysApr. – 30 daysFrom May 1 – 11, 1964 is 11 days

= 180 days or 6 months

Given the foregoing since the complaint is filed on May 11, 1964 then the crime has not yet prescribed as the crime would prescribe on the 12th of May.

Issue:

WON the computation made by the respondent is correct

Held:

Yes. If the formula for computation of the defense (petitioner) is to be followed, Article 13 in so far as a month is designated by its name, will be rendered nugartory for the simple reason that there are months that have 31 days in the calendar to be reckoned with as they will be within the prescriptive period. The basic unit of computation used by the defense is by the day and not by the month of 30-day duration as provided in Article 90 of the Revised Penal Code, the counting of which is to be made in relation to Article 13 of the New Civil Code.