A complaint for written libel was filed with the City Prosecution Office.

  After conducting
preliminary investigation and finding probable cause, the prosecutor erroneously filed the
information before the MTC, instead of the RTC.  After a demurrer to evidence filed by
accused, the MTC dismissed it for lack of jurisdiction. 

Issue: Did the period of prescription continue to run while the case was pending with the
MTC which has no jurisdiction over the offense?

ANSWER: The prescription will expire because the MTC is now looking into the situation.
The case was dismissed because MTC and RTC lacked the power to pursue the charge.
In actuality, the offense prosecution complies with Rule 110's requirements. The
petitioner submitted a demurrer to the evidence after the prosecution's efforts were
temporarily halted. Instead of acting on the aforementioned demurrer, the MTC issued
Order 11, which said that it lacked jurisdiction over the offense of libel because that was
the only province of the Regional Trial Court. The MTC acknowledged that the Regional
Trial Court had exclusive jurisdiction over the case, therefore this was done. Instead of
being completely destroyed, the case's records will be sent to the Regional Trial Court so
that additional processes can be applied to them. The MTC decided to take this action.