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0 tracked cards Criminal Law

On January 1, 2000, W commits a felony. The period fixed by law for this offense under Act No. 3326 is twelve (12) years. An information is filed on January 2, 2012. There is no interruption asserted. The prescriptive period lapses on January 1, 2012. The information on January 2 interrupts and starts a new twelve-year period, ending January 2, 2024. W dies on January 2, 2026. (a) State the doctrine and the governing rule in Act No. 3326. (b) Has criminal liability been extinguished by prescription? (c) What is the effect on the information filed in 2012 and on any potential prosecution and on W's heirs if extinguished?

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Prescription is extinguished only by the original fixed period, and interruptions do not apply; the filing of information on January 2, 2012 cannot interrupt; the case is time-barred as of January 1, 2012; W's heirs are not liable. Interruption of prescription can occur only by arrest of the accused; filing of information does not interrupt; thus the case remains time-barred; heirs not liable. Under Act No. 3326, criminal liability is extinguished by prescription after the fixed period, but prescription is interrupted by filing of information, which starts a new period; because the filing occurred, a new period ends in 2024, and death in 2026 means liability has been extinguished; the 2012 information cannot sustain prosecution; W's heirs are not liable. Under Act No. 3326, prescription extinguishes liability automatically after the fixed period, without any interruption; the filing of information after expiration is ineffective and cannot restart the period; therefore the case is time-barred despite the 2012 filing.

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