Back

Gunigundo, PCGG Chairman vs Desierto [CONCURRING OPINION, VITUG, J.]

PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE ON BEHEST LOANS represented by MAGTANGGOL C. GUNIGUNDO, PCGG Chairman and ORLANDO C. SALVADOR, as Consultant, Technical Working Group of the Presidential Ad Hoc Fact-Finding Committee on Behest Loans, petitioners, vs. HON. ANIANO A. DESIERTO as Ombudsman; JOSE Z. OSIAS; PACIFICO E. MARCOS; EDUARDO V. ROMUALDEZ; FERNANDO C. ORDOVEZA; and JUANITO ORDOVEZA, Members of the Board of Directors of Philippine Seeds, Inc.; CONCERNED MEMBERS OF THE DEVELOPMENT BANK OF THE PHILIPPINES, respondents.

G.R. No. 130140 | 1999-10-25

SEPARATE (CONCURRING) OPINION 

VITUG, J.: 

In the instant petition, differing views have been expressed, given the circumstances involved in the case, on whether the prescriptive period applicable to the contemplated criminal action should be reckoned from the time the acts believed to constitute an offense are done or from the time the proper authorities are able to actually ascertain that the offense has been committed. The ruling of the public respondent that the offense charged against private respondents has already prescribed is predicated on the finding that the questioned "behest" loans are contained in public documents,...