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?
- Yes, every new criminal interpretation is necessarily retroactive against the accused
- Yes, whenever the complainant is the State
- Yes, because prescription concerns only court convenience
- Yes, because a complaint proves guilt
- 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
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