Francisco vs. Court of Appeals

 Summary of Facts:

Simple slander instead of Grave Oral Defamation. Defamatory remarks were committed on December 26, 1965 and the information charging the accused of the greater offense of grave oral defamation was filed with the court more than 4 months later (May 3, 1966)

Issue: 

Whether or not the crime of simple slander found by the CA to be the offense committed by the petitioners has prescribed.

Resolution: 

Yes. An accused cannot be convicted for the lesser offense necessarily included in the crime charged if at the time of the filing of the information, the lesser offense has already prescribed. To hold otherwise, according to the Court, would be to sanction a circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense. 

Doctrine in People vs. Olarte that filing of complaint in the municipal court, even if merely for purposes of preliminary examination or investigation, interrupts the period of prescription of felony even if court where complaint or information is filed cannot try the case on its merits, the true and correct doctrine.