Philippine Bar review · Question

Practice question: Institution of Criminal Action; Effect on Prescriptive Period

Multiple Choice Medium

Practice question

A case requires the applicable preliminary investigation. The offended party merely drafts a complaint but never files it with the proper officer, and claims drafting alone instituted the action. Which is correct?
  1. Only counsel’s billing date matters
  2. A private draft is a filed criminal action
  3. Intent automatically tolls prescription
  4. Section1(a) requires the actual proper filing
  5. Every unsigned draft is an information

Legal references

  • Rule110 Sections1–4 and15: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • People v. Consebido, GR258563, April2,2025, MAIN decision and prospective prosecutorial tolling: https://lawphil.net/judjuris/juri2025/apr2025/gr_258563_2025.html

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