CrimLaw 1 October 2, 2014

6 months municipal prisoners, municipal jail (arresto menor; or in the house due to health issues)
More than 6 months city prisoners, provincial jail

People v Tan
A national prisoner can validly grant good conduct allowances by the proper authority. Hence in the
case there is invalid authority.

Art 87: Destierro
When is destierro imposed as a penalty? (Bar Exam) Cite the four instances.

Article 89: Total extinction of Criminal Liability
- Death before final judgment
- Service of sentence
- Amnesty
- Absolute Pardon
- Pres of Crime
- Pres of Penalty
- ..

Adultery on the offended spouse who can institute the criminal offense
1. Death before final judgment
People v Bayotas
- SC ruled that the death of the convict extinguished both criminal and civil liability ex-delicto,
arising exclusively from the crime.
- SC refuted its prior decision in People v Calisod
- Delamala v Corenar; Dorigos v Inday Diego

2. Service of sentence


Pardon v Amnesty
Pardon is a private act by the president, while Amnesty is a proclamation with concurrence of
Congress with a judicial notice.

Prescription of Crime and Prescription of Penalty

Marriage extinguishes criminal liability of rape.

Pres of Crime loss of the right of the state to prosecute, while PRes of Penalty is the loss of the right
of the state to

When the cadaver is already discovered therefore prescription starts to run even when the criminal is
unknown. The crime should be filed and the criminal is a John Doe, then prescription starts.

The one who witnessed but refused to tell the authority of the crime is

In false testimony, the witness who declares false testimony

Article 180, false testimony by a testimony.

Prescription of Crimes act 3326 is applied when there is no prescription in the special law.

(look at page 797 ISL)

Prescription of crimes is suspended upon the filing of the case.

Article 113:
Death 50, 000
Moral Damage 15,000
Company Damage
Expenses for funeral and burial actual receipted amount
Loss of earning capacity last item of civil liability : formula

Life expectancy 80 constant

Those convicted with term of more than 6 years