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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Only a civil damages complaint is filed; no criminal complaint or information is instituted and no separate tolling law applies. Counsel invokes Rule110’s criminal-institution clause as if any civil filing necessarily performs it. Which is sound?
  1. Every civil case automatically is a criminal complaint
  2. The stated civil filing does not itself establish the specified criminal-institution event
  3. The word damages creates an information
  4. Only the filing fee distinguishes the cases
  5. All causes share identical prescription rules

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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