This case has been cited 2 times or more.
|
2000-12-04 |
KAPUNAN, J. |
||||
| On the first issue: While the defense of prescription of the crime was raised only during the motion for reconsideration of the decision of the Court of Appeals, there was no waiver of the defense. Under the Rules of Court, the failure of the accused to assert the ground of extinction of the offense, inter alia, in a motion to quash shall not be deemed a waiver of such ground.[6] The reason is that by prescription, the State or the People loses the right to prosecute the crime or to demand the service of the penalty imposed.[7] Accordingly, prescription, although not invoked in the trial, may, as in this case, be invoked on appeal.[8] Hence, the failure to raise this defense in the motion to quash the information does not give rise to the waiver of the petitioner-accused to raise the same anytime thereafter including during appeal. | |||||