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Question
Marcelito Tan was convicted by final judgment on February 2, 2009 for estafa and was sentenced to six years of imprisonment. The judgment became final on February 15, 2009. He did not file any appeal. On July 18, 2018, he filed a petition for relief from judgment under Rule 47, which was denied on November 1, 2018. A warrant of arrest to enforce the sentence was issued on April 1, 2023. (a) Identify the governing doctrine on prescription of penalties and the controlling rule you would apply. (b) Apply the doctrine to the facts: has the penalty prescribed? explain why or why not, indicating interruptions/tolling and the relevant starting point for the period. (c) If prescription has prescribed, explain the effect on Marcelito Tan’s criminal liability; if not, explain the consequence and the current status of enforcement.