Practice question
In a post-Consebido prosecution within the new rule's prospective coverage, an offended party files a criminal complaint with the proper prosecution office before prescription expires. The prosecutor's investigation takes longer than expected. The accused argues that only a court-filed information could stop prescription because the offense is covered by expedited procedure. Which answer best follows Consebido?
- Accept the argument because expedited procedure always excludes prosecutorial tolling
- Reject that categorical argument: the timely prosecution-office complaint tolls prescription under the prospective rule
- Reject it because prescription never applies to expedited cases
- Accept it unless the accused admits guilt
- Reject it because every delay is attributable to the accused
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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