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All Jurisprudence based

0 tracked cards Criminal Law

Damian Lopez was convicted by final judgment on May 8, 2011 for estafa and was sentenced to six years of imprisonment. The judgment became final on May 21, 2011. He did not file any appeal. On September 15, 2017, he filed a petition for relief from judgment under Rule 47, which was denied on January 12, 2018. A warrant of arrest to enforce the sentence was issued on June 20, 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 Damian Lopez’s criminal liability; if not, explain the consequence and the current status of enforcement.

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The starting point for prescription is the date of the offense, not the final judgment; therefore, the 2011 finalization does not govern the prescription period. The penalty not prescribed; estafa carries a non-interruptible prescriptive period equal to the maximum term; the period would have lapsed by 2023 regardless of post-judgment remedies. The penalty prescribed; the interruption by Rule 47 applies only if relief from judgment is granted; since the petition was denied, there is no interruption, so the prescriptive period expired before 2023. The penalty has not prescribed; the petition for relief from judgment under Rule 47 interrupted the running of prescription; the clock started anew from the denial date; enforcement may proceed as the warrant was issued after the denial.

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