Legal Questions

What is the effect of the non-compliance of the conditions precedent in the institution or prosecution of criminal actions?

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Where the offense charged is required by law to undergo conciliation proceedings, the same must be referred to the proper barangay official before the courts or prosecution offices may take cognizance of the same. This is so provided in Section 412 of the Local Government Code.

The referral of the case to the appropriate barangay official shall stop the running of the period of prescription of the offense. The said period shall commence to run again upon the issuance of the appropriate certification by the said barangay officer regarding the said case. This is so provided in Section 410 (c) of the Local Government Code.

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