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0 tracked cards Criminal Law

On February 9, 2003, P committed robbery with violence, an offense punishable by imprisonment exceeding six years. No action was commenced for 18 years. In March 2021, the prosecutor filed information in a court of competent jurisdiction. P left the Philippines in 2022 and returned in 2024. In 2026, the case was dismissed for lack of prosecution. (a) Identify the doctrine governing prescription of crimes and the rule for when prescription runs. (b) Did the offense prescribe before the information was filed in 2021, or did interruption occur by virtue of the filing? (c) What is the effect of the filing in 2021 on the running of prescription, and what is the effect of the 2026 dismissal on the status of prescription for this offense?

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The prescription of crimes is interrupted by the filing of information in court; the interruption resets the running period to zero from the filing date; the 2026 dismissal does not erase this interruption; as of 2026 the offense is not prescribed. Leaving the Philippines interrupts prescription and stops the clock while abroad. Dismissal for lack of prosecution interrupts prescription and resets the clock anew. Prescription runs to a completion date and is not interrupted by the filing of information; thus the offense would have prescribed by 2018 despite the 2021 filing.

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