Facts: Two letter complaints were filed with the Tanodbayan by Teofilo Gelacio on October 28,1986 and December 9, 1986, a political leader of Governor Valentina Plaza, wife of Congressman Democrito Plaza of Agusan del Sur, shortly after private respondent had replaced Mrs. Plaza as OIC/provincial Governor of Agusan del Sur on March 1986 The complaint questioned the issuance to Governor Paredes, when he was still the provincial attorney in 1976 of a free patent title for a lot in the Rosario public land subdivision in San Francisco, Agusan del Sur. He misrepresented to a Lands Inspector of the Bureau of Lands that the lands subject herein are disposable lands, thereby inducing said inspector to recommend approval of his application for free patent. On August 10, 1989 an information for violation of RA 3019 Anti-Graft and Corrupt Practices Act was then filed in the Sandiganbayan after an ex parte preliminary investigation. A motion to quash the information was filed by the private respondent contending among others that he is charged for an offence which has prescribed. Said motion was granted. The crime was committed on January 21, 1976, period of prescription was 10 years, therefore it has prescribed in 1986. Now the motion to quash was being assailed.
Issue: Whether or Not the motion to quash validly granted.
Held: Yes. RA 3019, being a special law the computation of the period for the prescription of the crime is governed by Sec. 29 of Act No. 3326, which begins to run from the day of the commission of the crime and not the discovery of it. Additionally, BP 195 which was approved on March 16, 1982, amending Sec. 11 of RA 3019 by increasing ten to fifteen years of the period for the prescription or extinguishment of a violation of RA 3019 may not be given retroactive application to the crime which was committed by Paredes, as it is prejudicial to the accused. To apply BP 195 to Paredes would make it an ex post facto law1 for it would alter his situation to his disadvantage by making him criminally liable for a crime that had already been extinguished under the law existing when it was committed.
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