Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A prosecutor argues that Consebido's new rule must be retroactively used to defeat an accused's prescription defense in a case governed by the earlier, more favorable interpretation. Is that argument correct?
  1. Yes, every new criminal interpretation is necessarily retroactive against the accused
  2. Yes, whenever the complainant is the State
  3. Yes, because prescription concerns only court convenience
  4. Yes, because a complaint proves guilt
  5. No; the Court expressly made the new rule prospective

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

Answer this question in flashcards to review your response and continue practicing.