Selasa, 03 Mei 2016

Reodica v CA

FACTS:
1.) Isabelita Reodica was charged with Reckless Imprudence Resulting in Damage to Property with Slight Physical Injury after hitting Bonsol while driving in a van. Three days after the accident a complaint was filed before thefiscal's office against the petitioner.
2.) TC: pleaded not guilty, still ensued. RTC: guilty. CA: re-affirmed.
3.) In its motionfor reconsideration, petitioner now assails that the court erred in giving its penalty on complex damage to property and slight physical injuries both being light offenses over which the RTC has nojurisdictionon ground of prescription or lack of jurisdiction.

ISSUE: Whether the quasi offenses already prescribed.

Filing of a complaint in the fiscal?s office involving a felony under the RPC is sufficient to interrupt the running of prescription. But filing acomplaint under the fiscal's office involving offenses punished by a speciallaw (i.e. ordinance) does not interrupt the running of prescription. Act 3326 is the governing law on prescriptions of crimes punishable by a special law which states that prescription is only interrupted upon judicial proceeding.






reff : http://casethropy.blogspot.com/2014/09/reodica-v-ca.html


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