Extinction of Criminal Liability

I. Five Pillars of Criminal Justice System - there must be cooperation and coordination of
these ve pillars for the reformation of the prisoner

A. Law Enforcement - PNP, NBI, PDEA

1. To initiate criminal proceedings, there are two ways

a) Regular Filing - led by private complainant

b) Inquest - led by law enforcer; Inquest can be made if there is warrantless

arrest: hot pursuit rule, In agrante delicto, escapee - the person arrested will be
brought to the scal to determine whether the warrantless arrest is valid - then
the scal will have a resolution whether they will le an information in the Court,
otherwise the respondent will be released for further preliminary investigation.

B. Prosecution - DOJ, Ombudsman

C. Court - MTC, RTC, Sandiganbayan

D. Correction - Bureau of Correction to reform the criminal, BJMP (during pendency of

case, Provisional Jails

E. Community - People

II. Penalty

A. Penalty is imposed because of a law under the doctrine nollum.. (

B. Prescribed and Imposable Penalty

1. Prescribed - prescribed by the law

2. Imposable Penalty - penalty to be imposed by the Court - can the Court

deviate from the penalty prescribed by the law? - YES because we have mitigating,
aggravating, or special circumstances or under Indeterminate Sentence Law

C. Classical Theory - a person is free to do all acts, but he must be responsible for the
consequences of it - Purpose of penalty

D. Postivist Theory - views the accused as a moral creature; he can commit a crime -
Purpose of Penalty: Reformative Justice - if he commits a crime, you must reform the o ender

1. The State must give the o ender the opportunity to be reformed - BUCOR

2. Under this theory, penalties are imposed in order to change or reform the
person

E. Classi cation of Penalties - Check PDF

1. People v. Bon - Capital punishment now is no longer death, but reclusion

perpertua

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 III. amnesty - Concurrence

IV. Prescription of criminal liability is tolled by the ling of the criminal action

V. You cannot be considered as serving your sentence if you are at large - you must serve your
sentence at the national penitentiary - the judgement is nal

VI. Is a compromise or novation a mode of extinguishing criminal liability?

A. Compromise cannot be a ground - because criminal liability cannot be a subject of

compromise because the o ended party is the State

B. Novation is not a ground, but novation before the ling the criminal may prevent the
incurring of criminal liability

1. People v. Nery - Estafa Case - agency agreement or contract

2. People v. Tanjutco - Quali ed Theft - there is no contractual agreement in this

case, like in Nery Case, that can be novated

3. Milla Case - Complex proper crime of estafa with falsi cation of public
document - NO, it cannot be extinguished by novation

VII. Amnesty is not a unilateral act of the President, it requires concurrence of the Congress

VIII. Pardon - act of grace of the president that excepts the individual from the punishment of
law - this is a private act, the Court cannot take judicial notice

A. Absolute Pardon - it can be given to a group of condemned persons without the

need of acceptance, while conditional pardon requires individual acceptance

B. Conditional Pardon - if the Pardonee violates the condition, he can be arrested

without the need of proceedings or he can be charged with another o ense (Article 159..)

1. If you have complied with the condition within the period of time - his liability
is extinguished

C. Absolute pardon restores civil and political rights

IX. Prescription of Crime is based on laches - the State sleeps on its right to prosecute the
o ender, hence it is now barred to exercise its right.

X. Prescription depends on the gravity of the crime

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