Case Digest (G.R. No. L-24364)
Facts:
Bienvenido Medrano v. Hon. Filemon Mendoza, Judge of the Municipal Court of Ibaan, Batangas and the People of the Philippines, G.R. No. L-24364. February 22, 1968, the Supreme Court En Banc, Bengzon, J.P., writing for the Court.Petitioner Bienvenido Medrano was criminally accused by Leonardo Argente of committing threats on September 30, 1963; a complaint was filed in the Municipal Court of Ibaan, Batangas on November 29, 1963. Medrano moved to quash the complaint on two grounds: (1) nonconformity with the prescribed form and (2) that more than one offense was charged. The municipal court initially denied the motion to quash but later, by order dated March 14, 1964, directed the private prosecutor to amend the complaint to charge only light threats within five days from receipt of the order.
The private prosecutor received the court's order on March 18, 1964, but filed the amended complaint only on April 15, 1964—28 days after receipt. On April 16, 1964 (oral) and April 23, 1964 (written), Medrano moved to quash the amended complaint on the ground that the offense prescribed. The municipal court denied the motion. Medrano filed a petition for prohibition in the Court of First Instance (CFI) of Batangas alleging grave abuse of discretion under Article 91 of the Revised Penal Code; the CFI dismissed the petition on November 2, 1964, and denied his motion for reconsideration.
Medrano appealed to the Supreme Court by way of a petit...(Subscriber-Only)
Issues:
- Whether prescription had set in and thus barred prosecution of the amended complaint for light threats under the facts and timing in this c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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