Practice question
A criminal complaint is timely filed before the DOJ for an offense covered by expedited procedure. The case unquestionably falls within the prospective operation of Consebido. The information is filed later because of investigation time. Which is correct as to prescription?
- Investigation time necessarily makes the offense prescribe despite the complaint
- Only filing the information can ever toll prescription
- The complaint automatically establishes every element of guilt
- The timely DOJ complaint tolls prescription under Consebido
- The court must increase the offense's statutory period
Legal references
- People v. Consebido, G.R. No. 258563, April 2, 2025, Decision of the Court; Rule 110, Section 1.
- Reviewed primary authority, Main decision, prescription and prospective tolling ruling: https://lawphil.net/judjuris/juri2025/apr2025/gr_258563_2025.html
- Reviewed primary authority, Rule 110, Section 1: https://lawphil.net/courts/rules/rc_110-127_crim.html
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