Anisco, Jenelyn D. Statcon QUIZON V.

BALTAZAR FACTS:
On Nov. 11, 1963, the petitioner whose Federico and Profitista Quizon was committed an offense of serious oral defamation to private respondent Cecilia Sangalang. On May 11, 1964, Cecilia Sangalang together with the assistance of Assistant Provincial Fiscal Eliodoro B. Guinto who had conducted the preliminary investigation filed two separate crim case complaints both for serious oral defamation against petitioners. Petitioners presented a written motion to quash contending offense charged had already prescribed as of May 9, 1964. The Mun Court of San Fernando Pampanga, denied the motion to quash and prohibit from proceeding further except to dismiss same.

ISSUES:
W/N a mos. Mentioned in art. 90 should be considered as the calendar mos. And not the 30 day mos. W/N the TC committed erred in not excluding the first day in computing the offense.

HELD:
The RPC provides that serious oral defamation prescribes in six mos. The mos. Should be computed by the reg d30 days, not the calendar months. Hence, where the crime was committed on Nov. 11, 1963, and the action was filed exactly 180 days later, said action was filed on time. WHEREFORE, THE PETITION IS GRANTED AND CRIM COMPLAINT ARE DISMISSED. NO COSTS.