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Prescription period

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1 Prescription period on 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!

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

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

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3 Re: Prescription period on 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!

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4 Re: Prescription period Today at 10:37 pm

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