Title Four WHEN JUDGMENT BECOMES FINAL be expressly restored by the

EXTINCTION OF CRIMINAL LIABILITY a. After the lapse of the period for perfecting an terms of the pardon, and in
appeal (15 days) no case exempts the culprit
Chapter One b. When defendant expressly waives his right in form the payment of civil
TOTAL EXTINCTION OF CRIMINAL LIABILITY writing indemnity
c. Sentence has been partially or totally served Congress + President President only
ARTICLE 89 As a public act of the As a personal act of the
TOTAL EXTINGUISHMENT OF CRIMINAL Note: Death of offended party does not extinguish criminal President and Congress, President, it must be pleaded
LIABILITY liability of the offender. courts should take judicial and proved by the pardoned.
D.A.S.A.P- P.M notice of this.
1. By the DEATH of the convict, as to the personal SERVICE OF SENTENCE A pardon is a deed, to the
penalties and as to pecuniary penalties, liability This extinguishes criminal liability but not civil liability. validity if which delivery is
therefor is extinguished only when the death of the essential, and delivery is not
offender occurs before final judgment. AMNESTY ABSOLUTE PARDON complete without its
2. By service of the sentence AMNESTY is an act of the PARDON is an act of grace acceptance. It may rejected
3. By amnesty, which completely extinguishes the sovereign power granting proceeding from the power by the person to whom it is
penalty and all its effects oblivion or a general pardon entrusted with the execution tendered.*
4. By absolute pardon for a past offense, and is of the laws which exempts *Burdick v US followed Marshall’s postulate on the need of
5. By prescription of the crime; usually exerted in behalf of the individual on which it is acceptance of a pardon. But in a more recent case, Biddle v
6. By prescription of the penalty; certain classes of persons bestowed from the Perovich, it was held that acceptance by the condemned is
7. By the marriage of the offended woman, as who are subject to trial but punishment the law inflicts required only when the offer of clemency is not without
provided in Article 344 of this Code. have not yet been convicted. for the crime he has
encumbrance.
committed.
But note that the extinction of criminal liability does not - That is, if the pardon is conditional.
automatically extinguish civil liability. This completely extinguishes the penalty and all its effects PRESCRIPTION
This extinguishes criminal liability but not civil liability By prescription, the State and the people lose the right to
Involves political offenses Involves any crime prosecute the crime or to demand the service of the penalty
DEATH Exercised even before trial Exercised after conviction imposed.
CIVIL CRIMINAL (but may also be exercised
B4 Final Judgment Extinguished* Extinguished after conviction) PRESCRIPTION OF CRIME
After Final Judgment NOT Extinguished Looks backward (as if no Looks forward (only the Prescription of the crime is the forfeiture or the loss of the right
On Appeal Extinguished** Extinguished offense was committed) and sentence is obliterated) and of the State to PROSECUTE the offender after the lapse of a
*however, the claim for civil liability survives notwithstanding the death of abolishes and puts into relieves the offender from certain time.
the accused if it is also predicated on a source of obligation other than the
crime or delict, such as law, contract, quasi-contract, etc. If it arises from a
oblivion the offense itself it the consequences of an
quasi-contract, file against the executor or administrator. If arises from a so overlooks and obliterates offense of which he has been PRESCRIPTION OF PENALTY
contract, file against the estate of the deceased the offense with which he is convicted – abolishes or Prescription of the penalty is the loss or forfeiture of the right
charged that the person forgives the punishment and of the Government to EXECUTE the final sentence after the
**pending appeal, civil liability based solely on the offense committed is released by amnesty stands does not work the restoration lapse of a certain time.
extinguished. Civil liabilities predicated on sources of obligation other than
delict (such as law, contracts, quasi-contracts, and quasi-delicts) survive. before the law as though he of the rights to hold public MARRIAGE
committed no offense. office, or the right of To extinguish liability, the marriage must be in good faith. It
suffrage, unless such rights applies to the following crimes: R.A.S.A.
JO VALLES
 1. Rape
2. Abduction
3. Seduction
4. Acts of lasciviousness
ARTICLE 90
PRESCRIPTION OF CRIME
The prescription depends on the penalty PRESCRIBED:
20 years Death, reclusion perpetua, reclusion temporal
15 years Other afflictive penalties
(PTAD,PTSD,Prision mayor)
10 years Correctional penalties: Prision correctional,
suspension, destierro (exept arresto mayor)
5 years Arresto mayor
1 year Libel and other similar offenses
6 months Defamation and slander by deed
2 months Light offenses
When the last day of the prescriptive period for filing an information
falls on a Sunday or legal holiday, it can no longer be filed on the
succeeding business day because the crime has already prescribed.
COMPOUND PENALTY
When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
above.
PRESCRIPTION IF CRIME PUNISHED BY FINE
The rules above are also applicable for crimes punishable by
fines.
15 years Afflictive fines (over 6k)
10 years Correctional fines(200-6K); 200 is correctional
2 months Light fines (below 200)
CRIME PUNISHED WITH IMPRISONMENT & FINE
The basis for application of the rules is the higher of the 2. If,
for instance, the penalty is arresto mayor and a fine of P800, the
prescription is 10 years. The fine, which is a correctional fine,
was used as basis in the computation.
RECKONING POINT
• The period of prescription begins to run from the
day following the day on which the crime was
committed
• Remember Civil Code: exclude first day include
last day in counting
INTERRUPTION
• Prescription shall be interrupted when the proceedings
are instituted against the guilty person
• It shall begin to run again if the proceedings are
dismissed for reasons not constituting jeopardy.
Note: Defense of prescription may be raised for the first time
on appeal.
ARTICLE 91
COMPUTATION OF PRESCRIPTION OF OFFENSES
COMMENCEMENT
The period of prescription shall commence to run from the day
on which the crime is discovered by:
1. The offended party,
2. The authorities, or
3. Their agents
The period may begin to run at the time of the commission of it
is known or discovered at the time of the commission.
Note that the law is specific: period begins to run upon
discovery of the CRIME and not the offender. Hence, the fact
that the culprit is unknown will not prevent the prescriptive
period from running.
INTERRUPTION
The period shall be interrupted by the filing of the complaint
or information.
• Unless otherwise provided in special laws, the
institution of a criminal action shall interrupt the period
of prescription.
• The filing of the complaint in the MTC interrupts the
period of prescription even if it merely is for the
purpose of preliminary investigation.
• The complaint or information that will interrupt the
period of prescription must be the proper information
or complaint corresponding to the offense.
o Not basta basta na file
o If an information is corrected because of a
defect, the date of the original filing should be
considered
It shall commence to run again when:
1. Such proceedings terminate without the accused
being convicted or acquitted, or
2. Are unjustifiably stopped for any reason not
imputable to him.
- Hence, when the accused flees, it is an act
imputable to him. In this case, the prescriptive
period does not commence to run again.
The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
OTHER RULES ON PRESCRIPTION
1. PRESCRIPTION OF FALSE TESTIMONY
- With regard to a false testimony AGAINST
the defendant, prescription runs from the time
the principal case is finally decided.
- Not applicable for false testimony in favor of
defendant.
2. PRESCRIPTION OF ELECTION OFFENSES
- If the discovery of the offense is incidental to
judicial proceedings, it shall begin to run when
such proceeding terminates
- Otherwise, from the date of commission of
offense.
ARTICLE 92
PRESCRIPTION OF PENALTIES
The penalties IMPOSED by final sentence prescribe as
follows:
20 years Death, reclusion perpetua
15 years Other afflictive penalties (reclusion temporal,
PTAD,PTSD,Prision mayor)
JO VALLES
 10 years Correctional penalties: Prision correctional,
suspension, destierro (exept arresto mayor)
5 years Arresto mayor
1 year Light penalties
ARTICLE 93
COMPUTATION OF THE PRESCRIPTION OF
PENALTIES
COMMENCEMENT
• The period of prescription of penalties shall commence
to run from the date when the culprit should evade the
service of his sentence after conviction by final
judgment
• The provision presupposes the evasion during the
serving of the sentence
o If the accused was never placed in a
confinement, the prescriptive period never
commenced to run in his favor.
INTERRUPTION
It shall be interrupted if the defendant should:
1. Give himself up,
2. Be captured,
3. Should go to some foreign country with which this
Government has no extradition treaty
o The period is interrupted even if the extradition
treaty does not include the crime committed by
the offender, as long as there is a treaty.
4. Should commit another crime before the expiration
of the period of prescription.
An additional condition that may interrupt the running
of the period is the acceptance of a conditional
pardon.
- This is likened to someone who flees from PH
jurisdiction.
Chapter 2
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
ARTICLE 94
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Co-Co-Good
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may
earn while he is serving his sentence.
An addition to the list is parole.
CONDITIONAL PARDON
CONDITIONAL PARDON is the exemption of an individual
from the punishment which the law inflicts for the offense he
committed, within certain limits or conditions, resulting in the
partial extinguishment of his criminal liability.
• This is in the nature of a contract between the sovereign
power of the executive and the convict that the former
will release the latter upon compliance with the
condition.
COMMUTATION
COMMUTATION OF THE SENTENCE is the reduction of
the duration of a prison sentence. It is a change of decision of
the court made by the chief executive by reducing the degree of
the penalty inflicted by reducing the prison time or the amount
of fine. Commutation is allowed when:
1. Convict sentenced to death is over 70 years of age
2. 8 justices of the SC failed to reach a decision for the
affirmance of death penalty.
Consent of the offense is NOT necessary because it is public
welfare, and not his consent, that determines what shall be
done.
GOOD CONDUCT ALLOWANCE
GOOD CONDUCT ALLOWANCE is the deduction from the
term of the sentence for good behavior.
PAROLE
PAROLE is the conditional release of an offender from a
correctional institution after he has served the minimum of his
sentence.
• This consists in the suspension of the sentence of a
convict after serving the minimum of the indeterminate
penalty without granting a pardon, prescribing the
terms upon which the sentence shall be suspended.
• If the convict violates the conditions of his release or
commits another offense, he shall be recommitted and
shall serve the remainder of his sentence.
CONDITIONAL PARDON PAROLE
Granted by Chief Executive Granted by Board of
Pardons and Parole
Given at any time after final given after serving
judgment minimum penalty
Violation: rearrested or Violation: rearrested or
reincarcerated; prosecuted under reincarcerated; no
Article 159 of RPC Article 159.
ARTICLE 159
Penalty correccional in its minimum shall be imposed upon a
convict who violates the conditions of his pardon.
- However, if the penalty remitted is higher than 6
years, the convict shall serve the unexpired
portion of his or her original sentence.
ARTICLE 95
Any person who has been granted CONDITIONAL
PARDON shall incur the obligation of complying strictly with
the conditions imposed therein. His non-compliance with any
of the conditions specified shall result in the:
1. Revocation of the pardon and
2. The provisions of Article 159 shall be applied to him.
ARTICLE 96
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.
ARTICLE 97
The GOOD CONDUCT of any prisoner in any penal
institution shall entitle him to the following deductions from
the period of his sentence:
First 2 years 20 days for each month of good behavior
3rd to5th year 23 days for each month of good behavior
6th to10th year 25 days for each month of good behavior
th
11 year above 30 days for each month of good behavior
JO VALLES
The convict shall be allowed another deduction of 15 days, in 3. Warden of provincial, district, municipal, or city jail
addition to those above, for each month of STUDY,
TEACHING or MENTORING service. Such allowances once granted shall not be revoked. However,
the allowance for good conduct is not an automatic right.
An appeal by accused shall not deprive him of entitlement to
the above allowances for good conduct. The following government agencies have supervision over jails
and prisoners:
There is no allowance for good conduct while prisoner is Bureau of Corrections National prisoners; more than
released under conditional pardon. 3yrs prison term
Provincial Provincial prisoners: more than
ARTICLE 98 Governments 6 months up to 3 years
SPECIAL TIME ALLOWANCE FOR LOYALTY BJMP One day to 6 months.
The following rules apply to prisoners whether undergoing
preventive imprisonment or serving sentence, after having
evaded said sentence:

Deduction of 1/5 gives himself up to the authorities

within 48 hours following the
issuance of a proclamation
announcing the passing away of the
calamity or catastrophe
Deduction of 2/5 Chooses to stay in the place of his
confinement notwithstanding the
existence of a calamity or
catastrophe
The deduction or addition is based on the ORIGINAL
SENTENCE, and not on the unexpired portion of the sentence.

INCREASE IN PENALTY UNDER ARTICLE 158

Those who fail to give themselves up to the authorities within
48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe shall be liable
for an increase in penalty equivalent to 1/5 of the time still
remaining to be served, but not to exceed 6 months.

ARTICLE 99
WHO GRANTS TIME ALLOWANCE
Whenever lawfully justified, the following shall grant
allowances for good conduct:
1. Director of Bureau of Corrections
2. Chief of the Bureau of Jail Management and Penology
JO VALLES