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People vs. Benjamin 'Kokoy' Romualdez [DISSENTING OPINION, CARPIO, J.]

PEOPLE OF THE PHILIPPINES, Petitioner, versus BENJAMIN "Kokoy" ROMUALDEZ, and SANDIGANBAYAN, Respondent.

G.R. No. 166510 | 2009-04-29

DISSENTING OPINION

CARPIO, J.:

I dissent. I reiterate my view on the matter of prescription, as expressed in my dissenting opinion in Romualdez v. Marcelo.[1]

Private respondent cannot claim that prescription has set in in his favor despite his voluntary absence from this jurisdiction from 1986 to April 2000 or for a period of nearly fourteen (14) years. A person who commits a crime cannot simply flee from this jurisdiction, wait out for the prescriptive period to expire, then come back to move for the dismissal of the charge against him on the ground of prescription.

First, there is a law, Article 91 of the Revised Penal Code (RPC), which...