ARTICLE 89. How Criminal Liability is Totally 3.

By amnesty, which completely extinguishes the penalty and

Extinguished. — Criminal liability is totally extinguished: all its effects.
1. By the death of the convict, as to the personal penalties; 4. By absolute pardon.
and as to pecuniary penalties, liability therefor is extinguished 5. By prescription of the crime.
only when the death of the offender occurs before final 6. By prescription of the penalty.
judgment. 7. By the marriage of the offended woman, as provided in
2. By service of the sentence. article 344 of this Code.

PEOPLE VS BAYOTAS 1. death of the accused pending appeal of his conviction

FACTS:
Bayotas, was charged with Rape and convicted on
June 19, 1991. Pending his conviction, the accused died on
February 4, 1992 at the National Bilibid Hospital.
The Solicitor General then submitted a comment
stating that the death of the accused does not excuse him
from his civil liability. On the other hand, the counsel of the
accused claimed that in the Supreme Court’s decision in People
vs Castillo, civil liability is extinguished if accused should die
before the final judgment is rendered.
ISSUE:
Does death of the accused pending appeal of his
conviction extinguish his civil liability? YES.
RULING:
The Supreme Court held that the death of the
accused Bayotas extinguished his criminal liability and civil
liability based solely on the act complained of, i.e., rape. The
Court ruled that:
extinguishes his criminal liability as well as the civil
liability based solely thereon;
2. the claim for civil liability survives notwithstanding the
death of accused, if the same may also be predicated
on a source of obligation other than delict, such as
law, contracts, quasi-contracts or quasi-delicts;
3. where the civil liability survives, as explained in
Number 2 above, an action for recovery therefor may
be pursued but only by way of filing a separate civil
action and subject to Section 1, Rule 111 of the 1985
Rules on Criminal Procedure; and
4. the private offended party need not fear a forfeiture
of his right to file this separate civil action by
prescription, in cases where during the prosecution of
the criminal action and prior to its extinction, the
private-offended party instituted together therewith
the civil action for in such case, the statute of
limitations on the civil liability is deemed interrupted
during the pendency of the criminal case.

Causes of extinction from criminal liability v. the  Limitations upon the exercise of the pardoning
causes of justification or exemption power
The causes of the extinction arise after the commission of the  The power can be exercised only after
offense while the causes of justification or exemption arise conviction; and
from circumstances existing either before the commission of  Such power does not extend to cases of
the crime or at the moment of its commission. impeachment.
DEATH  CIVIL LIABILITY NOT EXTINGUISHED BY
 Extinguish criminal liability at any stage of the PARDON.
proceedings even during pending appeal. PARDON BY THE CHIEF PARDON BY THE
 BUT civil liability – extinguished only if he dies before EXECUTIVE OFFENDED PARTY
final judgment. It extinguishes the criminal It does not extinguish
 These refer to civil liability arising from the liability of the offender. criminal liability of the
crime itself or ex delicto. offender.
 If the civil liability came from other sources It cannot exempt the offender Offended party can waive the
such as law, contracts, quasi contract and from the payment of the civil civil liability which the
quasi delict – then they survive despite the indemnity. offender must pay.
death of the offender before final judgment. It is granted only after Pardon should be given
The complainant may file the case against conviction and may be before the institution of
the executor or administrator of the accused. extended to any of the criminal prosecution and must
Pardon offenders. be extended to both
 It is an act of grace proceeding from the power offenders (RPC, Art. 344).
entrusted with the execution of the laws which Amnesty
exempts the individual on whom it is bestowed from  It is an act of sovereign power granting oblivion or a
the punishment the law inflicts for the crime he has general pardon for a past offense, and is rarely, if
committed. ever exercised in favor of a single individual, and is
 A pardon, whether absolute or conditional, is in the usually exerted in behalf of persons, who are subject
nature of a deed, for the validity of which is an to trial, but have not yet been convicted.
indispensable requisite. Once accepted by the  Completely extinguishes the penalty and all
grantee, the pardon already delivered may not be its effects. (Art. 89 par. 3)
revoked by the granting authority.  May be granted after conviction
 Effects of pardon by the President  Examples: those who collaborated with the
 GR: A pardon shall not restore the right to enemy during World War II, those who
hold public office or the right of suffrage. committed rebellion, sedition, illegal
 XPN: When either or both rights are association, those who committed treason,
expressly restored by the terms of the conspiracy etc.
pardon. It shall not exempt the culprit from  CIVIL LIABILITY NOT EXTINGUISHED BY
the payment of the civil indemnity. The AMNESTY.
pardon cannot make an exception to this
rule.
PARDON AMNESTY president – thus, such usually done through a
Merely erases the penalty to Obliterates all the effects of person must plead and prove proclamation with the
be imposed the crime as if no crime before the court; courts do concurrence of congress. Thus
committed not take judicial notice courts take judicial notice
Granted only after convicted May be granted at any stage (need not be proved)
of final judgement of the proceeding Can be granted to any Generally granted to political
Private act of the Public act of the president offender for any crime offenders; or to a class or
committed group of persons
Article 90. Prescription of crime. – Crimes punishable by
death, reclusion perpetua or reclusion temporal shall prescribe
in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those punishable
by arresto mayor, which shall prescribe in 5 years.
The crime of libel or other similar offenses shall
prescribe in one year.
The offenses of oral defamation and slander by deed
shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one,
the highest penalty shall be made the basis of the application
of the rules contained in the first, second and third paragraphs
of this article.

Prescription of crimes:
 Loss or forfeiture of the right of the State to
prosecute the offender after the lapse of a certain
time. Even if one has not pleaded it, courts should
dismiss for having no jurisdiction.
 Two conditions:
1. That there be final judgment
2. That the period of time prescribed by law for
its enforcement has elapsed.
 Those punishable by:
1. Death, reclusion perpetua, reclusion
temporal in twenty (20) years;
2. Other afflictive penalties (prision mayor) in
fifteen (15) years;
3. Correctional penalty (prision correccional) in
ten (10) years;
4. Arresto mayor in five (5) years;
5. Light offenses in two (2) months.
6. When the penalty fixed by law is a
compound one, the highest penalty shall be
made the basis of the application of
prescription.