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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: On May 4, 2000, D commits offense X, which has a prescriptive period of twelve years. On June 18, 2011, the People file information with the RTC. On October 23, 2011, the case is dismissed for lack of probable cause. On February 14, 2014, the People file a new information for the same offense. (a) State the controlling doctrine on the effect of the institution of the criminal action on the prescriptive period. (b) Has the prescriptive period for the offense prescribed as of March 1, 2022? Show your computation.

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The prescriptive period is not interrupted by the filing of information; the twelve-year period runs from May 4, 2000 to May 4, 2012, so the offense prescribed by 2022. Interruption: the institution of the criminal action interrupts the prescriptive period; a new prescriptive period begins on the date of the new information for the same offense, so the twelve-year period runs from February 14, 2014 to February 14, 2026; as of March 1, 2022, the offense has not prescribed. Preliminary investigation tolls the prescriptive period, so prescription is paused during investigation and restarts only when a court action is formally commenced. If the second information is filed after the original prescriptive period has lapsed, the offense cannot be revived and is presumed prescribed, regardless of subsequent filings.

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