Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » CRIME » Prescription period

Prescription period

2 posters

Go down  Message [Page 1 of 1]

1Prescription period Empty Prescription period Thu Jul 09, 2015 8:35 pm

gnome126


Arresto Menor

Hi,

I'm confused about the term "filing of the complaint or information" stated below:

The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information
(Article 91, Revised Penal Code).

Is it referring to filing of complaint or information to:
a. barangay?
b. police station?
c. fiscal's office?
d. Municipal/Metropolitan Trial Court?


Are there also exceptions in the prescription period? (ex. barangay hearing)

thanks!

2Prescription period Empty Re: Prescription period Mon Jul 13, 2015 4:43 pm

technified_ex

technified_ex
Prision Correccional

Filing of complaint is with the police, the police in turn, forwards your complaint to the fiscal for any case that can be filed, and then the fiscal issues the information. Barangay reconciliation is a requirements for you to be issued a certificate to file action, if, that, both the parties belong to the same barangay. The starting period is in the police for filing of complaint

3Prescription period Empty Re: Prescription period Fri Jul 17, 2015 2:04 am

gnome126


Arresto Menor

thank you po sa info.. paki clarify lang po, definition kasi ng complaint sa criminal procedure is

PEOPLE OF THE PHILIPPINES vs accused

ang nakasulat, pero sa fiscal kasi yung name ng parties involved.. considered complaint (under criminal procedure) parin ba yung sa fiscal kahit iba ang form nya?

considered interruption din ba yung sa brgy hearing and fiscal's preliminary investigation sa pagbilang ng prescription period?

thanks!

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » CRIME » Prescription period

Permissions in this forum:
You cannot reply to topics in this forum