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0 tracked cards Criminal Law

On January 2, 1995, P committed grave felony X (robbery with violence), an offense punishable by imprisonment of more than six years. No action was commenced for 21 years. In January 2016, the prosecutor filed information in a court of competent jurisdiction. P left the Philippines in 2017 and returned in 2019. In 2021, the case was dismissed for lack of prosecution. (a) Identify the doctrine governing the prescription of crimes and the rule for when prescription runs. (b) Did the offense prescribe before the information was filed in 2016, or did interruption occur by virtue of the filing? (c) What is the effect of the filing in 2016 on the running of prescription, and what is the effect of the 2021 dismissal on the status of prescription for this offense?

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Interruption by filing occurs only if the information is for a different offense based on the same facts; since it is the same offense, the filing in 2016 does interrupt prescription. Doctrine: prescription of crimes under Article 90; prescription runs from the commission and is interrupted by the filing of information in a court, after which a new prescriptive period runs; dismissal for lack of prosecution does not erase the interruption. Here, P committed grave felony X on January 2, 1995. The twenty-year prescriptive period would have lapsed in January 2015 if not interrupted. The filing of information in January 2016 interrupted that period and started a new twenty-year period from January 2016; as of January 2021, only five years have elapsed, so the offense is not prescribed. A dismissal for lack of prosecution automatically resets prescription to zero, so after the 2021 dismissal the offense would not be prescribed. The prescriptive period for grave felonies is 10 years; therefore the offense would have prescribed by 2005, making the 2016 filing moot.

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