E N A L T IE S , E X T I N C T I ON O F

( P
I M IN A L L I A B I LI TY & C I VI L
CR
LIABILITY E X - D E LI C TO )
FINAL TERM REVIEWER
 CLASSIFICATION OF PENALTIES (ART. 25)
Principal Penalties
Light Penalties Correctional Penalties Afflictive Penalties Capital punishment

Arresto menor Prision correccional Reclusion perpetua

Public censure Arresto mayor Reclusion temporal DEATH

P/T - A/S
Suspension (Temporarily suspended by virtue
Disqualification of RA 9346)
Destierro Prision mayor
Fine (Art. 26 & 38) / Bond to keep the peace (Art. 34)
 FINE – PRINCIPAL PENALTY (ART.26)
as amended by RA 10951

Light Penalty Correctional Penalty Afflictive Penalty

When the amount of fine

When the amount of fine When the amount of fine
ranges from
does not exceed exceeds
Php 40, 000.00 –
Php 40, 000.00 Php 1, 200, 000.00
Php 1, 200, 000.00
CLASSIFICATION OF PENALTIES (ART. 25)
Accesory Penalties
• Perpetual or temporary absolute disqualification (Art. 30)
• Perpetual or temporary special disqualification (Art. 31 & 32)
• Suspension from public office, of right to vote and
be voted for and from profession / calling (Art. 33)
• Civil interdiction (Art. 34)
• Indemnification (Art. 38)
• Forfeiture or confiscation of instruments & proceeds of the offense (Art. 45)
• Payment of costs (Art. 37)
SUBSIDIARY PENALTY (ART 39)
as amended by RA 5465 & RA 10159

If the convict has no property with which to meet the Fine under Ar.t 38,
Par. 3, he shall be subject a subsidiary personal liability at the rate of one day for
each amount equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction by the trial court.
RULES IN COMPUTING THE SUBSIDIARY PENALTY
It is computed at 1 day for each applicable minimum wage rate for the fine but in no case to
exceed 1 year. If the penalty is:

Purely a Fine

FELONY SUBSIDIARY IMPRISONMENT

Grave or Less Grave Shall not exceed 6 months

Light Shall not exceed 15 Days

 EXAMPLE
PUNISHMENT COMPUTATION SUBSIDIARY IMPRISONMENT
= 150 days or 5 months
Fine of P75, 000 Divide such Fine by the
it will be the equivalent imprisonment to be
(less grave felony) minimum wage of P500
served because it does not exceed 6 months
= 20 days but in no case it shall exceed 15
Fine of P10,000 Divide such Fine by the days so
(light felony) minimum wage of P500 15 days shall be the equivalent
imprisonment to be served
RULES IN COMPUTING THE SUBSIDIARY PENALTY
It is computed at 1 day for each applicable minimum wage rate for the fine but in no case
to exceed 1 year. If the penalty is:

Fine & Imprisonment

PUNISHMENT SUBSIDIARY IMPRISONMENT

1/3 of the principal penalty

Imprisonment of not Apply which
the quotient of Fine divided by the
more than Prision minimum wage rate ever of these 3
Correccional (6years)
1 year is the lowest
 EXAMPLE
PUNISHMENT COMPUTATION SUBSIDIARY IMPRISONMENT
Divide the 9 months
= 3 months or 90 days
imprisonment into 3 Apply which
Imprisonment of
Divide such Fine by the ever of
9 months & a = 300 days or 10 months
minimum wage of P500 these 3 is
Fine of P150,000
limit 1 year the lowest

The subsidiary imprisonment to be applied is 3 months because it is the lowest among the three choices
RULES IN COMPUTING THE SUBSIDIARY PENALTY
It is computed at 1 day for each applicable minimum wage rate for the fine but in no case to
exceed 1 year. If the penalty is:

Fine & Destierro

FELONY SUBSIDIARY IMPRISONMENT

1/3 of the principal penalty

Apply which
Destierro with a fix the quotient of Fine divided by the
duration minimum wage rate ever of these 3
1 year is the lowest
RULES IN COMPUTING THE SUBSIDIARY PENALTY
It is computed at 1 day for each applicable minimum wage rate for the fine but in no case
to exceed 1 year. If the penalty is:

Fine & Suspension

FELONY SUBSIDIARY IMPRISONMENT

1/3 of the principal penalty

Apply which
Suspension with a fix the quotient of Fine divided by the
duration minimum wage rate ever of these 3
1 year is the lowest
 PRINCIPAL VS ACCESSORY PENALTIES
PRINCIPAL PENALTIES ACCESSORY PENALTIES

- specific penalty imposed for a certain felony in
Book II of RPC such as reclusion temporal for
homicide
- additional/attaching penalties which follow
the principal penalty by operation of law
- Automatically attached to the principal
penalty to which they follows (Arts. 40-44)

- must be expressly imposed by the court in the - Need not be expressly stated in the decision of
decision the court

*Disqualification & suspension are both principal and accessory penalties. They are considered
as principal when imposed by the RPC for a specific felony. If not expressly imposed by the
Code, they are deemed as accessory following the principal penalty to which they are attached.
PRINCIPAL PENALTIES & its ACCESSORY PENALTIES
RPC PRINCIPAL ACCESSORY PENALTIES
PROVISIONS PENALTIES
perpetual absolute disqualification
Article 40 Death
civil interdiction during 30 years
Reclusion perpetua civil interdiction for life / during the period of the sentence
Article 41 Reclusion temporal perpetual absolute disqualification,
temporary absolute disqualification
Article 42 Prision mayor perpetual special disqualification from the right of suffrage

suspension from public office, from the right to follow a

profession or calling,
Prision
Article 43 correccional
perpetual special disqualification from the right of
suffrage, if the duration of said imprisonment shall exceed 18
months
Arresto suspension of the right too hold office and the right of
Article 44 mayor/menor suffrage during the term of the sentence
ART. 49 - Penalty to be imposed upon the principals when the crime
committed is different from that intended

Situation (error in personae) Penalty to be imposed

Par. 1 – Penalty prescribed for the

committed felony is higher than the
penalty prescribed for the intended
felony
Par. 2 – Penalty prescribed for the
committed felony is lower than the
penalty prescribed for the intended
felony
Penalty for the intended felony shall be
applied
but shall be imposed in maximum period
Penalty for the committed felony shall be
applied
but shall be imposed in maximum period

- it only applies to error in personae (not applicable to aberratio

ictus nor praeter intentionem)
 ART. 58 - ADDITIONAL PENALTY TO BE IMPOSED UPON:

• Accessories (Par. 3, Art. 19) who harbor, conceal or assists in the

escape of the principals of the crime by abusing his public functions

• Shall suffer an additional penalty of absolute perpetual

disqualification if the principal offender shall be guilty of a grave
felony, and that of absolute temporary disqualification if he shall be
guilty of a less grave felony
ART. 59 - PENALTY TO BE IMPOSED FOR
IMPOSSIBLE CRIME

•The court, having in mind the social danger and the

degree of criminality shown by the offender, shall
impose upon the offender a penalty of arresto mayor
or a fine from 200 to 500 pesos
 What are the 3 Scales of Penalties
under the RPC & their distinctions?
ARTICLE 25 ARTICLE 70 ARTICLE 71
CLASSIFICATION OF SUCCESSIVE SERVICE OF GRADUATION OF
PENALTIES SENTENCE PENALTIES
Classifies the penalties Provides for the scale Graduates the penalties into the order of
into principal and when there are two or severity for purposes of applying the rules
accessories more sentences to be under Article 61 in relation to Articles 50-
served, including the 57, the penalty imposable on principal,
three-fold rule accomplices, and accessories for
consummated, frustrated, and attempted
felonies.
ARTICLE 25
ARTICLE 70
 ARTICLE 71

1 2
1
 LIFE IMPRISONMENT
VS
RECLUSION PERPETUA
Life Imprisonment Reclusion Perpetua

 Imposed for violation of special laws  Imposed for violation of RPC

 No fixed duration  With fixed duration

 No accessory penalties  With accessory penalties

DURATION OF PENALTIES ( ART. 27 )
Penalty Duration
 20 YEARS AND 1 DAY – 40 YEARS
Reclusion Perpetua
(As amended by RA 7659)

Reclusion Temporal  12 YEARS AND 1 DAY – 20 YEARS

Prision Mayor  6 YEARS AND 1 DAY – 12 YEARS

Prision Correccional,
Suspension,  6 MONTHS & 1 DAY – 6 YEARS
Destierro

Arresto Mayor  1 MONTH & 1 DAY – 6 MONTHS

Arresto Menor  1 DAY – 3O DAYS

 DURATION OF DIVISIBLE PENALTIES ( ART. 76)
Divisible Minimum Medium Maximum
Penalty Period Period Period
 Reclusion 12 years & 1 day - 14 years, 8 months & 1 day - 17 years, 4 months & 1 day -
Temporal 14 years & 8 months 17 years & 4 months 20 years
6 years & 1 day - 8 years & 1 day - 10 years & 1 day -
 Prision Mayor
8 years 10 years 12 years
 Prision 6 months & 1 day - 2 years, 4 months & 1 day - 4 years, 2 months & 1 day -
Correccional 2 years & 4 months 4 years & 2 months 6 years
1 month & 1 day - 2 months & 1 day - 4 months & 1 day -
 Arresto Mayor
2 months 4 months 6 months
 Arresto Menor 1 day - 20 days 11 day - 20 days 21 day - 30 days
RULES FOR DIVISIBLE OF PENALTIES ( ART. 64 )
Modifying Proper Period
Circumstances
No Aggravating &
 MEDIUM PERIOD
No Mitigating

Mitigating Only  MINIMUM PERIOD

Aggravating Only  MAXIMUM PERIOD

Some of both are

 OFFSET & APPLY ABOVE RULES
present
Two (2) or more
Mitigating  LOWER THE PENALTY BY 1 DEGREE
provided that there is IN THE PROPER PERIOD
No aggravating
ART. 46 & 50 – 57 in relation to ART. 61
CONSUMMATED FRUSTRATED ATTEMPTED
IMPOSITION OF STAGE STAGE STAGE
PENALTIES (ART. 6) (ART. 6) (ART. 6)

PRINCIPAL
(ART. 17) As originally imposed - 1 degree lower - 2 degrees lower
by the law
(Art. 46) (Art. 50) (Art. 51)

ACCOMPLICE
(ART. 18) - 1 degree lower - 2 degrees lower - 3 degrees lower

(Art. 52) (Art. 54) (Art. 56)

ACCESSORY
(ART. 19) - 2 degrees lower - 3 degrees lower - 4 degrees lower

(Art. 53) (Art. 55) (Art. 57)

 ART. 61 – RULES IN GRADUATING PENALTIES
(serves as a guide in lowering the penalty)

In the application of the rules therein, it must be understood that each penalty
prescribed by law for every felony is a “degree”.

Therefore, when the penalty imposed by law is comprised of two (2) periods,
the two-period penalty is deemed as one (1) degree and the penalty next lower
in degree should be composed of two (2) periods also.

If the penalty is composed of 1 period only, it is considered as 1 degree and

the penalty next lower must also consists of 1 period also.

- use the Scale of Penalties under Art. 71 in lowering the penalties

ARTICLE 71
ART. 61 – RULES IN GRADUATING PENALTIES
Penalty for homicide is reclusion temporal

a
DEGREE

1
DEGREE
LOWER

2
DEGREES
LOWER

- use the Scale of Penalties under Art. 71 in lowering the penalties

 ART. 61 – RULES IN GRADUATING PENALTIES
ILLUSTRATION:
The penalty for the felony of abduction is prision correccional in its minimum and
medium periods.

Penalty prescribed for the felony

Penalty next lower in degree

- use the Scale of Penalties under Art. 71 in lowering the penalties

 ART. 61 – RULES IN GRADUATING PENALTIES
ILLUSTRATION:
The penalty for the felony of usurpation of legislative powers is prision correccional
in its minimum period.

Penalty prescribed for the felony

Penalty next lower in degree

- use the Scale of Penalties under Art. 71 in lowering the penalties

 ART. 61 – RULES IN GRADUATING PENALTIES
RULES EXAMPLE
Par. 1 When the penalty prescribed for the felony RECLUSION PERPETUA (indivisible penalty) is the
is single and indivisible, the penalty next lower in penalty imposed for Kidnapping and failure to return a
degrees shall be that immediately following that minor.
indivisible penalty in the respective graduated The next lower in degree is the penalty immediately
scale prescribed in Article 71 following it which is RECLUSION TEMPORAL.

Par. 2 -Two indivisible penalties is not applicable today because death

When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or
more divisible penalties to be impose to their full
extent, the penalty next lower in degree shall be
that immediately following the lesser of the
penalties prescribed in Article 71
penalty is presently suspended. Reclusion Perpetua is now the
only remaining indivisible penalty in the scale.
- When the penalty imposed is PRISION MAYOR to
RECLUSION TEMPORAL , the penalty next lower in
degree is the penalty immediately following prison
mayor, which is PRISION CORRECCIONAL

- use the Scale of Penalties under Art. 71 in lowering the penalties

ARTICLE 71

PAR. 2 SAMPLE
RULES IN GRADUATING PENALTIES
 ART. 61 – RULES IN GRADUATING PENALTIES
RULES
Par. 3 When the penalty prescribed for the crime is composed
of one or two indivisible penalties and the maximum period
of another divisible penalty, the penalty next lower in degree
shall be composed of the medium and minimum periods of the
proper divisible penalty and the maximum periods of the proper
divisible penalty and the maximum period of that immediately
following
Par. 4 When the penalty prescribed for the crime is composed
of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be composed of
the period immediately following the minimum prescribed and
of the two next following, which shall be taken from the penalty
prescribed, if possible; otherwise from the penalty immediately
following in the above mentioned respective graduated scale.
- use the Scale of Penalties under Art. 71 in lowering the penalties
EXAMPLE
*refers to a three-period penalty
- RECLUSION TEMPORAL, MAXIMUM PERIOD TO
DEATH and the next lower penalty is also composed of
three periods – PRISON MAYOR, MAXIMUM PERIOD
TO RECLUSION TEMPORAL, MEDIUM PERIOD
When the penalty imposed is PRISION MAYOR, MEDIUM TO
RECLUSION TEMPORAL MINIMUM, the penalty next lower in
degree shall likewise be composed of different divisible
penalties which is – PRISION CORRECCIONAL, MEDIUM
PERIOD TO PRISION MAYOR, MINIMUM.
ART. 61 – RULES IN GRADUATING PENALTIES
PAR. 3 SAMPLE
The penalty imposed for murder is reclusion temporal in its
maximum period to death.

DEGRE
E

1
DEGREE
LOWER
ART. 61 – RULES IN GRADUATING PENALTIES
PAR. 4 SAMPLE
When penalty imposed is prison mayor in its medium period to reclusion
temporal in its minimum period
 ART. 70 VS ART. 71
• Used in determining the order on which penalty • Used in graduating the penalty either by lowering or
should be served first in case of multiple service increasing it by degree/s
of sentence
• Used in determining the penalty next lower in degree
• Shows the order of severity of the penalties as imposed by the law
 ART. 70 VS ART. 71
• Used in determining the order on which penalty • Used in graduating the penalty either by lowering or
should be served first in case of multiple service increasing it by degree/s
of sentence
• Used in determining the penalty next lower in
• Shows the order of severity of the penalties degree as imposed by the law
DESTIERRO VS ARRESTO MAYOR
• Destierro is not a higher penalty than arresto mayor because destierro consists of
banishment while arresto mayor consists of imprisonment.

• It is compared by the degree of deprivation of liberty involved and not by the duration
of the penalties.

• The person punished with destierro will be ban from residing within a radius of 25
kilometers from the actual residence of the accused for a specified length of time.
SUCCESSIVE SERVICE OF SENTENCE (ART. 70)
• When the culprit has to serve two or more penalties, he shall serve them simultaneously if the
nature of the penalties will so permit.

• For instance, the penalty imposed is Reclusion Perpetua and Suspension from public office.
The two penalties can be served at the same time because the other consists of imprisonment
while the other does not.
SUCCESSIVE SERVICE OF SENTENCE (ART. 70)
• However, when the nature of the penalty does not permit the two or more penalties to be served
simultaneously , the order of their respective severity shall be followed so that they may be executed
successively.

• For instance, the penalty imposed is Reclusion Perpetua and Prison Correccional. Since both of
them consists of imprisonment, they cannot be both be served at the same time so they must be
served in order of their severity according to the SCALE of PENALTIES under Art. 70. Here,
Reclusion Perpetua is more severe than Prison Correctional so Reclusion Perpetua must be
served first than Prison Correctional.
QUESTION # 1:

MR. X was found guilty of 6 counts of estafa and was sentenced

to 1 year imprisonment for every count of the offense
committed.

Can MR. X serve all the prison terms simultaneously? Explain.

 THREE-FOLD RULE
This is a limitation on the service of sentence

• The maximum duration of the convict’s sentence shall not be more than three-fold the
length of time corresponding to the most severe of the penalties imposed upon him.

• No other penalty to which he may be liable shall be inflicted after the sum total of those
imposed equals the same maximum period.

• In other words, the maximum penalty is 3x the most severe or the total of the penalties
imposed, whichever is lower.

• Such maximum period shall in no case exceed 40 years.

HOW IS THE THREE-FOLD PENALTY COMPUTED ?
Get the most severe penalty
STEP 1 imposed
(use the Scale of Penalties under Art. 70)
Multiply by 3 the duration of the most
STEP 2
severe penalty
Add the duration of all the different Example:
STEP 3
sentences
In case the penalties imposed to the culprit was 3 reclusion
STEP 4 Compare the results of STEP 2 & 3 temporal (specifically 20 years each), 3 prision mayor
(specifically 12 years each) and 3 prision correccional
Choose which period is lesser for the (specifically 6 years each)
STEP 5
accused to serve
Most severe: 20 years
20 x 3 = 60 years
20+20+20+12+12+12+6+6+6 = 114 years
60yrs < 114yrs
Check if the period exceeds 40, and if = 60 years
HOW IS THE THREE-FOLD PENALTY COMPUTED ?
Get the most severe penalty
STEP 1 imposed
(use the Scale of Penalties under Art. 70)
Multiply by 3 the duration of the most
STEP 2
severe penalty
Add the duration of all the different Another Example:
STEP 3
sentences
In case the penalties imposed to the culprit was 3 reclusion temporal
STEP 4 Compare the results of STEP 2 & 3 (specifically 12 years and 1 day each), and 2 prision mayor
(specifically 6 years and 1 day each)
Choose which period is lesser for the
STEP 5
accused to serve Most severe:
12 years & 1 days
Multiply
12y.1d x 3 = 36 years and 3 days
Total:
12y.1d +12y.1d +12y.1d +6y.1d +6y.1d = 48yrs & 5days
Compare:
36 years and 3 days < 48yrs & 5days
When the most severe penalty is Reclusion Perpetua,
the imputed duration shall be 30 years.
Therefore:
30 x 3 = 90 years
The convict shall serve not 90 but 40 years.
Remember, the maximum period shall in no case exceed 40 years.

*Although Art. 27 was already amended by RA 7659 where the duration of Reclusion Perpetua
was changed from 30 years to 20 years & 1 day to 40 years,
the 30 year period is still used, (1) in computing the three-fold penalty and (2) in determining the
convict’s eligibility for pardon
 APPLICATION OF THREE-FOLD RULE
• IT ONLY APPLIES WHEN THE TOTAL OF ALL THE PENALTIES IMPOSED
EXCEEDS THE MOST SEVERE PENALTY MULTIPLIED BY 3.

Therefore, when the penalty imposed consists of 6 years and 1 day for frustrated homicide, 1 year
for estafa, 1 year for theft and 4 months for physical injuries, the total of which is 8 years, 4 months
& 1 day, which does not exceed the most severe penalty of 6 years & 1 day multiplied by 3 (=18
years & 3 days).
Hence, even if there are multiple penalties imposed, the three-fold rule cannot be applied since the
total of which does not exceed the three-fold of the most severe penalty

* it usually applies when there are at least 4 sentences to be imposed

QUESTION # 2:

MR. X was found guilty of 6 counts of estafa and was sentenced

to 1 year imprisonment for every count of the offense
committed.

How many years can he be imprisoned? Explain.

 INDETERMINATE SENTENCE LAW
• It is a law which modified the imposition of penalties under the RPC & special laws.
• When imposing a sentence, the courts are obliged to fix a minimum and a maximum
period of penalty.

• The minimum sentence must be served and thereafter, the convict becomes eligible
for parole.

• When released on parole, the remaining time of sentence will be served out of prison
under the supervision of a parole officer.

Why?
 INDETERMINATE SENTENCE LAW
APPLICABILITY
ISL is mandatory except for :

• Offenses punished by death / life imprisonment • Those who escape from confinement or evaded sentence
• Those convicted of treason, conspiracy/proposal • Those whose maximum period of imprisonment
to commit treason does not exceed 1 year
• Convicted of misprision of treason, rebellion, • Those who are already serving final judgment upon the
sedition or espionage approval of this law
• Convicted of piracy • Those imposed non-prison sentence
• Habitual delinquents (Art. 62, Par 5) • Imposable penalty is Reclusion Perpetua (Art. 63 Par. 1)
 EXAMPLE
STEP 1 STEP 2 STEP 3
HOMICIDE
Apply the ISL by getting the minimum of
RECLUSION TEMPORAL PICK the indeterminate penalty
the penalty which must be within the
2 MITIGATING CIRCUMSTANCES anywhere within the range of the
range of the penalty next lower in degree
NO AGGRAVATING minimum and maximum
of PRISION MAYOR (Art.71)

Lower the penalty by 1 degree (Art. 64)

PRISON CORRECCIONAL

Therefore: the minimum shall be PRISION MAYOR –MEDIUM

RECLUSION TEMPORAL
anywhere within the range of Prision (8 years & 1 day - 10 years)
1 degree lower
Correccional & the Maximum shall be
anywhere within the range of the medium PRISON CORRECCIONAL
PRISION MAYOR
period of Prision Mayor (6 Months & 1 Day – 6 Years)

PRISION MAYOR –MEDIUM PERIOD PRISION MAYOR -MEDIUM

(PM Medium)
(Max.Period)
2(MIN) (MAX)
years – 9 years & 1 day
since there are no more other modifying (Min.Period) Indeterminate Penalty
circumstances (Art. 64) PRISON CORRECCIONAL
 PROBATION LAW
PD 968, as amended by PD 1257, BP 76, PD 1990, & RA 10707
 NATURE OF PROBATION
• Probation is a privilege, not a right. It is an act of grace & clemency by the
State to the accused granted by the court.

• It has the effect of releasing the offender, after being found guilty of a
crime, to serve his sentence outside the prison subject to the conditions
imposed by the court and supervision of the probation officer.
• Its actual nature is to suspend the execution of the sentence, not replacing it
with another
 WHO ARE DISQUALIFIED FROM AVAILING
THE BENEFIT OF PROBATION?
All accused may apply for probation except those:

 sentenced to serve a maximum term of imprisonment of more than 6 years

 who have been previously convicted by final judgment of an offense punished by
imprisonment of more than 6 months & 1 day and/or a fine of more than P1,000

 who have been once put on probation

 convicted on any crime against national security
 who are already serving sentence at the time this decree took effect
(Sec.9)
IF THE CONVICT IS NOT DISQUALIFIED, WILL HIS APPLICATION FOR
PROBATION BE GRANTED AUTOMATICALLY?

• No.Disqualification is different from denial of the application. A

qualified offender should not expect that his application will be
granted automatically.

• Forinstance, an applicant who was denied of probation because of

his dubious and reprehensible character trying to evade the
implementation of the decision and the crime committed was estafa.
MANDATORY CONDITIONS AFTER THE
GRANT OF PROBATION

1. To report to the designated probation officer within 72 hours

after the receipt of the order.

2. To report periodically to the officer at least once a month or

sooner as the latter may deem.
DURATION OF PROBATION
Period of Imprisonment Duration of Probation
1. Not more than 1 year Not exceeding 2 years

2. 1 year to 6 years Not exceeding 6 years

3. Subsidiary imprisonment Twice the period computed

(Art.39 or RPC)
 PROBATION VS INDETERMINATE SENTENCE LAW
As to PROBATION INDETERMINATE S.
LAW
Maximum period must be more than 1
1.APPLICABILITY Must no be more than 6 years
year
2. PENALTY Imprisonment or Fine Imprisonment only

3. DISPOSITION Sentence is suspended Minimum to be served

The entire sentence shall be served in case of

4. VIOLATION The unexpired portion shall be served
serious violation of the condition

5.APPEAL Forecloses probation No effect on the operation of ISL

Every time as long as the offender is not

6.AVAILABILITY Only once
disqualified
It is a mere privilege so the accused must apply Mandatory so the convict need not apply
7. NATURE
EXECUTION & SERVICE OF PENALTIES

Article 80 is already repealed by PD 603

TOTAL EXTINCTION OF CRIMINAL LIABILITY
 AMNESTY
-is an act of the sovereign power granting
oblivion or a general pardon for a past
offense, and is rarely, if ever, exercised in
favor of a single individual, and is
usually exerted in behalf of certain
classes of persons, who are subject to
trial but have not yet been convicted
VS. PARDON
- is an act of grace proceeding from the
power entrusted with the execution of
the laws which exempts the individual
on whom it is bestowed from the
punishment the law inflicts for the
crime he has committed after final
conviction
 AMNESTY VS. PARDON
AS TO AMNESTY PARDON

generally applies to political crimes & political generally applies to ordinary crimes & ordinary
1. Recipients
offenders offenders
obliterates the effects of conviction as if they relieves the offender of penalty but the effects
2. Effect
were not criminal of conviction stay

3. Congress concurrence is required concurrence not needed

4. When given even before conviction after final conviction

5. Beneficiary usually, to a class of persons to a specific individual

public act of the President; courts must take

6. Nature private act of the President; no judicial notice
judicial notice
 PRESCRIPTION OF VS. PRESCRIPTION
CRIME OF PENALTY
PRESCRIPTION OF CRIME PRESCRIPTION OF PENALTY

It is forfeiture or the loss of the right of the Government

It is the forfeiture or loss of the right of the State to
to execute the final sentence after the lapse of a certain
prosecute the offender after the lapse of a certain time.
time

REQUISITES REQUISITES
• That there be a crime committed (which must be
known or already discovered) but without final • That there be final judgment
judgment yet
• That there is no complaint filed yet against the
• That the convict has escaped from prison or evaded
offender with the Prosecutor (RPC & Special law) or
the service of his sentence
with the Judge (Ordinance)

• That the period of time prescribed by law for its filing • That the period of time prescribed by law for its
has elapsed/expired. enforcement has elapsed/expired.
 PRESCRIPTION OF VS. PRESCRIPTION OF
CRIME PENALTY
CRIME EXPIRATION PENALTY EXPIRATION
(imposed by final sentence:)
Those punishable by Death, Reclusion
Perpetua & 20 years
Reclusion Temporal Death / Rec. Perpetua 20 years
Those punishable by Prision Mayor 15 years
Reclusion Temporal &
15 years
Those punishable by Prision Correccional 10 years Prision Mayor

Those punishable by Arresto Mayor 5 years Prision Correccional 10 years

Libel or other similar offenses 1 year

Arresto Mayor 5 years
Oral defamation & Slander by deed 6 months
Light Penalties (such as
Light offenses 2 months 1 year
Arresto Menor)
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
 CONDITIONAL PARDON COMMUTATION OF GOOD CONDUCT ALLOWANCE
SENTENCE

Conditional pardon is a It is a change of the decision of the Allowances for good conduct are deductions
contract/agreement between the court made by the Chief Executive from the term of the sentence for good
Government & the convict that he will by reducing the degree of the behavior. (see Art. 97)
be released by the Government upon penalty inflicted upon the convict,
compliance with the condition. or by decreasing the length of the A prisoner is also entitled to special time
imprisonment or the amount of the allowance for loyalty. (Art. 98)
The condition must be delivered by the fine. (Art. 97 & Art. 98 is already amended by RA 10592)
Government and accepted by the
convict. For instance, when the convict According to the amendment, Recidivists and
sentenced to death is over 70 years habitual delinquents can no longer be afforded with
The usual condition imposed upon the of age, it will be reduced to GCTA under Art. 97 & the offenders’ good conduct
shall entitle them to big increase in deductions such
convict is that he shall not again reclusion perpetua. (Art. 83)
as 20 days/month – 30days/month depending on the
violate any of the penal laws of the period of detention.
Philippines
It also amends Art. 98 where the returning convict
shall still be given 1/5 deduction but those who chose
to stay shall be given 2/5 deduction
A PERSON WHO IS CRIMINALLY LIABLE IS ALSO CIVILLY
LIABLE

CIVIL LIABILITY EX-DELICTO

WHAT CIVIL LIABILITY INCLUDES (ART. 104)
CIVIL LIABILITY DESCRIPTION EXAMPLE

in theft the culprit is duty-bound to return the

1. Restitution Restore / return of the property
property stolen
in case of inability to return the property
stolen, the culprit must pay the value of the
property stolen;
2. Reparation Repair the damage caused
in case of physical injuries, the reparation of
the damage caused would consist in the
payment of hospital bills and doctor's fees to
the offended party

Since the victim was hospitalized, the

Compensate for all the consequential
offender is obliged to compensate the victim
3. Indemnification damages which were sustained
for the loss of his salary or earning during that
because of the crime
time he was confined in the hospital
CIVIL LIABILITY VS. PECUNIARY LIABILITIES
(ART. 104) (ART.38)
 IO
PREPARED BY: MGB IGNAC

CREDITS & R E F E RE NC E S
AL LA WEYES
B OO K 1 OF LUIS R
IN
EXCERPTS FROM THE CRIM THE RPC AS AMENDED”
N
, TITLE D “NOT ES & CA SE S O
R OM TH E BO OK O F LE ONO R BOADO
UPDATES F