US v. Serapio GR L-7557

 

US v. Serapio GR L-7557

Facts: The accused was charged with libel, subsequently the accused filled a demurrer of evidence (objection) contending that since the crime of libel which was not included in the Penal Code already prescribed.

Issue: Whether or not the offense did prescribed.

Held: The supreme court did not resolve that issue since the accused failed to raise the defense properly, because defense of prescription are not raised via demurrer and what was not properly raised was deemed waived. It is noteworthy that the Supreme Court defined special criminal law as those laws outside the Penal Code which are penal in character.

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