The institution of the criminal action shall interrupt the running period of prescription of the offense

charged unless otherwise provided in special laws

Quiz 110-120, 126-127

DOJ VS PANAGITOM, PEOPLE VS PANGILINAN, PRKLINK SYSTEM VS JUDGE SOMETHING OG BAGUIO

ACT 3326 – law on prescription involving SPL.

- In complaints in violation of the RPC and SPL, mere filing the complaint before the office of the
prosecutor will automatically interrupt the period of prescription of the offense charged

In one particularly accelerating session with his girlfriend, Dario died

Amendment – refers to the same offense, an offense which includes or is necessarily included in the
offense charge

-FORMAL OR SUBSTANTIAL CHANGE

-with or without a leave of court

-does not require another Preliminary investigation

-GR: no need for re-arraignment

- before arraignment, amendment is allowed when matters of form or substance because wla pang
arraignment. Wala pang double jeopardy

-EXPN: if the purpose of the amendment is to downgrade the nature of the offence.

- exclude the accused of the charge. IN this case, leave of court is required

Substitution – refers to a different offense, this means there is always a substantial change

EFFECT: it has a substantial amendment

-there must always be a leave of court

- requires another preliminary investigation because it includes a substantial change/ different offense

- re-arraignment is required because it is a new offense

-no double jeopardy because it refers to a different offense