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2.

Amnesty - Exercised even before trial or investigation


TOTAL EXTINGUISHMENT OF THE CRIME
ART. 89 Pardon - Exercised when one is convicted
PAR. 1. BY DEATH
3. Amnesty - Looks backward and abolishes the offense
NOTES: itself

Extinguishment of criminal liability is a ground for motion Pardon - Looks forward and relieves the offender of the
to quash. consequences

Criminal liability whether before or after final judgment 4. Amnesty - Does not extinguish civil liability
is extinguished upon death because it is a personal
penalty. Pardon - same

Pecuniary penalty is extinguished only when death 5. Amnesty - A public act that needs the declaration of
occurs before final judgment. the President with the concurrence of Congress

The death of the offended party however does not Pardon - A private act of the President
extinguish criminal liability of the accused because it is a
crime against the state. 6. Amnesty - Courts should take judicial notice

PAR. 2. BY SERVICE OF SENTENCE Pardon - Must be pleaded and proved

NOTES: PAR. 5. BY PRESCRIPTION OF CRIME

Crime is a debt, hence extinguished upon payment. Prescription of a crime is the loss/forfeiture of the right
of the state to prosecute the offender after the lapse of
Service does not extinguish civil liability. a certain time.

PAR. 3. BY AMNESTY NOTE: When the crime prescribes, the state loses the
right to prosecute
Amnesty is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and PRESCRIPTIVE PERIODS OF CRIMES:
vestiges of the crime but does not extinguish civil 1. Crimes punishable by:
liability. a. Death, reclusin perpetua or reclusin temporal 20
years
PAR. 4. BY ABSOLUTE PARDON b. afflictive penalties 15 years
c. correctional penalties 10 years,
Pardon an act of grace proceeding from the power d. except those punishable by arresto mayor which shall
entrusted with the execution of laws, which exempts the prescribe in 5 years
individual from the punishment the law inflicts for the
crime. 2. Crime of libel 1 year
3. Offenses of oral defamation and slander by deed 6
Amnesty From Pardon months
4. Light offenses 2 months
1. Amnesty - Extended to classes of persons who may be
guilty of political offenses. When the penalty is a compound one, the highest
penalty shall be made the basis of the application of
Pardon - Exercised individually by the President above rules.
PAR. 6. BY PRESCRIPTION OF PENALTY

NOTE: means the loss/forfeiture of the right of


government to execute the final sentence after the lapse
of a certain time.

Conditions:
1. There must be final judgment.
2. The period must have elapsed.

PRESCRIPTIVE PERIODS OF PENALTIES:


1. Death and reclusin perpetua 20 years
2. Other afflictive penalties 15 years
3. Correctional penalties 10 years, except for the
penalty of arresto mayor which prescribes in 5 years
4. Light penalties 1 year

PAR. 7. BY MARRIAGE OF THE OFFENDED WOMAN (ART.


344)

NOTE:
Crimes covered:
1. rape
2. seduction
3. abduction
4. acts of lasciviousness

The marriage must be contracted in good faith.