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Art. 89.

How criminal liability is totally extinguished. — Criminal liability is totally

(1) By the death of the convict, as to the personal penalties and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final

Extinguishment of criminal liability is a ground of motion to quash

Criminal liability whether before or after final judgment is extinguished upon death because it
is a personal penalty

Pecuniary penalty is extinguished only when death occurs before final judgement.

The death of the offended party however does not extinguish criminal liability of the accused
because it is a crime against the state.
(2) By service of the sentence

Crime is a debt, hence extinguished upon payment

Service does not extinguish civil liability

Amnesty – is an act of the sovereign power granting oblivion or general pardon. It wipes all
traces and vestiges of the crime but does not extinguish civil liability.
(3) By absolute pardon

Pardon – an act of grace proceeding from the power entrusted w/ the execution of laws, which
exempts the individual from the punishment the law inflicts for the crime.


Extended to classes of persons who may be
guilty of political offenses

Exercised individually by the president

Exercised even before trial or investigation

Exercised when one is convicted

Looks backward and abolishes the offense itself

Looks forward and relieves the offender of the

Does not extinguish civil liability


A public act that needs the declaration of the
president with the concurrence of Congress

A private act of the president

Courts should take judicial notice

Must be pleaded and proved

(4) By prescription of the crime

When the crime prescribes, the state loses the right to prosecute

Prescription of a crime – is the loss/forfeiture of the right of the state to prosecute the
offender after the lapse of a certain time.
(5) By prescription of the penalty

means the loss/forfeiture of the right of government to execute the final sentence after the
lapse of a certain time. Conditions: there must be final judgement and the period has elapsed.
(6) By the marriage of the offended woman, as provided in Art 344 of this Code

and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. Light offenses prescribe in two months. The crime of oral defamation and slander by deed shall prescribe in six months. the crime commences to run on the date of the commission  Period of prescription for crimes that is continuing never runs  Crime needs to be discovered by: . https://lawphilreviewer. he is deemed to have waived all objections.  If an accused fails to move to quash before pleading. the authorities. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. When the penalty fixed by law is a compound one. Afflictive penalties. 1966. 91.wordpress.Art. reclusion perpetua or reclusion temporal shall prescribe in twenty years. the highest penalty shall be made the basis of the application of the rules contained in the first. or are unjustifiably stopped for any reason not imputable to him. approved June 19. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party.)  In computing for the period. with the exception of those punishable by arresto mayor. The crime of libel or other similar offenses shall prescribe in one Art. it prescribes in 10 years. which shall prescribe in five years.  Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him. the info can no longer be filed the ff day  Simple slander prescribes in 2 months and grave slander in 6 months  Since destierro is a correctional penalty. 90. second and third paragraphs of this article. Computation of prescription of offenses. basis will be the highest penalty  If fine is an alternative penalty (imposed together w/ a penalty lower than the fine). fine shall be the basis  Prescription begins to run from the discovery thereof. the first day is excluded and the last day included. or their agents. Interrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed.  If there is nothing concealed (appears in a public document).  If compound penalty. — Crimes punishable by death. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. and shall be interrupted by the filing of the complaint or information. Prescription of crime. Those punishable by a correctional penalty shall prescribe in ten years. 15 years. (As amended by RA 4661. Subject to leap years  When the last day of the prescriptive period falls on a Sunday or a legal holiday.

with the exception of the penalty of arresto mayor. Light penalties.    Note that final sentence must be imposed If a convict can avail of mitigating circumstances and the penalty is lowered. which prescribes in five years. . in fifteen years. in one year. However. if the convict already serves a portion of his sentence and escapes after. in twenty years. Police not included. 2. Those above are correccional. it is still the original penalty that is used as the basis for prescription. an unappealed conviction or  acquittal “unjustifiably stopped for any reason” – example: accused evades arrest. proceedings must be  stopped Art 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription Art. the penalty that was imposed (not the original) shall be the basis for prescription Fines less than 200 fall under light penalty. Correctional penalties. 4. 92. c) Filing complaint with the court that has proper jurisdiction  When the period commences to run again a) When the proceeding is terminated without the accused being convicted or acquitted b) When the proceeding is unjustifiably stopped for a reason not imputable to the offender  “when such proceedings terminate” – termination that is final. Death and reclusion perpetua. What interrupts prescription? a) preliminary examination or investigation w/c is similar to judicial proceeding b) filing the proper complaint w/ the fiscal’s office and the prosecutor. in ten years. — The penalties imposed by final sentence prescribe as follows: 1. Other afflictive penalties.a) offended party b) authorities c) their agents   If a person witnesses the crime but only tells the authorities 25 years later. prescription commences on the day the authorities were told. When and how penalties prescribe. 3.

or should commit another crime before the expiration of the period of prescription. Reason: during the period he escaped. 2.  Elements: a) penalty is final b) convict evaded the sentence c) convict has not given himself up d) penalty has prescribed because of lapse of time from the date of the evasion of the service of the sentence   Interruption of the period  If the defendant surrenders  If he is captured  If he should go into a foreign country with which the Philippines has no extradition treaty  If he should commit another crime before the expiration of the period of prescription  Acceptance of a conditional pardon(People v. By commutation of the sentence. — Criminal liability is extinguished partially: 1. 93.Art. his existence is one of fear and discomfort Art. It does not interrupt it. — The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence. 94. Puntilos) If a government has an extradition treaty w/ the country to w/c a convict escaped and the  crime is not included in the treaty. Computation of the prescription of penalties. the running of the prescription is interrupted Sentence evasion clearly starts the running of the prescription. he is only supposed to serve the remainder of his sentence. should go to some foreign country with which this Government has no extradition treaty. and For good conduct allowances which the culprit may earn while he is serving his sentence. Partial Extinction of criminal liability. Conditional pardon – contract between the sovereign power of the executive and the convict  Convict shall not violate any of the penal laws of the Philippines  Violation of conditions:  Offender is re-arrested and re-incarcerated . be captured. By conditional pardon. Rolito Go case: since he was captured. 3.  Acceptance of the conditional pardon interrupts the prescriptive period. and it shall be interrupted if the defendant should give himself up.

convict may not be prosecuted under 159 For violations. convict serves remaining sentence · Good conduct allowance during confinement Deduction for the term of sentence for good behavior Art. In case his parole conditions are not observed. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise. unless an intention to extend it beyond the time is manifest .  Condition of pardon is limited to unserved portion of the sentence. Parole – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. without granting pardon. Obligation incurred by person granted conditional pardon. prescribing the terms upon which the sentence shall be suspended. his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. Prosecution under Art. may be rearrested. CONDITIONAL PARDON PAROLE Given after final judgement Given after service of the minimum penalty Granted by Chief Executive Given by the Bd of Pardons and Parole For violation. a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed. 95. 159 Commutation – change in the decision of the court by the chief regarding the (1) degree of the penalty. (2) by decreasing the length of the imprisonment or fine  Commutation allowed when: a) person over 70 yrs old b) 10 justices fail to reach a decision affirming the death penalty   Consent not necessary in commutation Prisoner is also allowed special time allowance for loyalty w/c is 1/5 deduction of the period of his sentence.

of his imprisonment. gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. having evaded the service of his sentence under the circumstances mentioned in article 58 of this Code. During the eleventh and successive years of his imprisonment. 96. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. gives himself up to the authorities w/in 48 hrs ff the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe  deduction based on the original sentence and not on the unexpired portion . he shall be allowed a deduction of eight days for each month of good behavior.  Allowance for good conduct not applicable when prisoner released under conditional pardon. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. 3. inclusive. Allowances for Good conduct per year Years Allowance First 2 years 5 days per month of good behavior 3rd to 5th years 8 days per month of good behavior Following years up to 10th year 10 days per month of good behavior 11th year and successive years 15 days per month of good behavior Art. and 4. During the first two years of his imprisonment. inclusive. 2. he shall be allowed a deduction of ten days for each month of good behavior. 97.  Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who. Effect of commutation of sentence. he shall be allowed a deduction of fifteen days for each month of good behavior.  Special time allowance for loyalty of prisoners:  The article applies only to prisoners who escaped  deduction of 1/5 of the period of sentence of prisoner who having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158. 98. Allowance for good conduct.Art. Art. During the third to the fifth year. Special time allowance for loyalty. During the following years until the tenth year. he shall be allowed a deduction of five days for each month of good behavior. of his imprisonment.

provincial warden cannot usurp Director’s authority) b) it is not an automatic right and once granted. 99. Art. a) authority to grant time allowance for good conduct is exclusively vested in the Dir (e. Who grants time allowances. espionage. Civil liability of a person guilty of felony. cannot be revoked by him CIVIL LIABILITY 2 classes: a) social injury – produced by disturbance and alarm w/c are the outcome of the offense b) personal injury – caused by the victim who may have suffered damage. 100. — Whenever lawfully justified. property. either to his person. the Director of Prisons shall grant allowances for good conduct. — Every person criminally liable for a felony is also civilly liable. rebellion.g. Art 158 provides for increased penalties: – a convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration. contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime Damage that may be recovered in criminal cases: . Such allowances once granted shall not be revoked. whether done intentionally or negligently and whether or not punishable by law Dual character of the crime as against: a) the state because of the disturbance of peace and order b) the private person injured unless it involves the crime of treason. honor or chastity Art. earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months). Basis: obligation to repair or to make whole the damage caused to another by reason of an act or omission. if he fails to give himself up to the authorities w/in 48 hrs ff the issuance of a proclamation by the President announcing the passing away of the calamity.

even if the convict has started serving the sentence. and a person under 9 yrs. h) An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. The appellate court may remand the case to the trial court for the latter to include in its judgement the civil liability of the accused g) Before expiration of the 15-day of for appealing. abduction. or over 9 but under 15 who acted w/ discernment and those acting under the impulse of irresistible force or under the impulse of an uncontrolable fear of an equal or greater injury does not include exemption from civil liability. e) Acquittal in the crim action for negligence does not preclude the offended party from filing a civil action to recover damages. fraud and physical injury (bodily injury and not the crime of physical injury) 3. Crimes against persons. adultery or concubinage. c) When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt. medicines as well as salary or wages unearned Moral Damages: seduction. like crime of physical injuries – whatever he spent for treatment of  wounds.  illegal or arbitrary detention or arrest. in an action for damage arising from fault or negligence and there is no pre-existing contractual relation between the parties (quasi-delict) . malicious prosecution Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances a) If there is no damage caused by the commission of the crime. a civil action for damages for the same act or omission may be instituted d) Exemption from criminal liability in favor of an imbecile or insane person. the trial court can amend the judgement of conviction by adding a provision for the civil liability of the accused. rape or other lascivious acts. civil action is against a member of a city or municipal police force for refusing or failing to render aid or protection to any person in case of danger to life or property 4. Reservation is necessary in the ff cases: 1. doctor’s fees. the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. libel. offender is not civilly liable b) Dismissal of the info or the crime action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense. defamation. any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the right of suffrage) 2. illegal search. because such dismissal does not carry with it the extinction of the civil one. based on the theory that the act is quasi-delict f) When the court found the accused guilty of crim negligence but failed to enter judgement of civil liability. slander or any other form of defamation.

i) Prejudicial Question – one w/c arises in a case.  For the principle to apply. Prejudicial questions may be decided before any criminal prosecution may be instituted or may proceed. An independent civil action may be brought by the injured party during the pendency of the  criminal case. a civil and a criminal  case. unless the extinction proceeds from a declaration in a final judgement that the fact from which the civil might arise did not exist . provided that the right is reserved Extinction of the penal action does not carry with it the extinction of the civil. it is essential that there be 2 cases involved. the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.