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0 tracked cards Criminal Law

On August 4, 1995, P committed grave felony A (robbery with violence),punishable by imprisonment exceeding six years. No action was commenced for six years. In August 2001, the prosecutor filed information in a court of competent jurisdiction. P left the Philippines in 2003 and returned in 2010. In 2013, the case was dismissed for lack of prosecution. In 2016, a new information based on the same facts was filed for the same offense. (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 2001, or did interruption occur by virtue of the filing? (c) What is the effect of the filing in 2001 on the running of prescription, and what is the effect of the 2013 dismissal on the status of prescription for this offense?

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Prescription is interrupted by the filing of information; the running period tolls and starts anew from the filing date; the 2013 dismissal does not erase the interruption; if a new information is filed in 2016 for the same offense, prescription will be interrupted again from that date. Dismissal for lack of prosecution ends the criminal action and automatically resets the prescription clock to zero, allowing a refiled case to proceed without regard to prior interruptions. Prescription runs independently of the filing; therefore the offense would have prescribed before the filing in 2001 if the prescriptive period for grave felonies had elapsed by then, and the filing did not interrupt the period. Prescription for grave felonies is twenty years; because the information was filed in 2001, the offense could not have prescribed before that date; the 2013 dismissal tolls the prescription and resets to zero.

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