THE COURTS

(CONTINUATION OF THE PREVIOUS

SLIDES)
Cases in which death penalty shall not be imposed

1. If the guilty person is over 70 years old

2. If death penalty, imposed by the lower court is
not affirmed by ten Justices of the Supreme
Court, the death penalty is lowered to life
imprisonment.
3. If the offender is a minor at the time of the
commission of the offense.
INSTANCES WHEN THE EXECUTION OF THE DEATH
PENALTY IS SUSPENDED

1. If the convict reached the age of 70 years old

2. If the convict is a woman, within three years
from the date of the sentence.
3. If the convict becomes insane or is an imbecile.
EXTINCTION OF CRIMINAL LIABILITY
1. Death of the convict
2. Service of Sentence
3. Amnesty
4. Absolute Pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman (in good faith)
EXTINCTION OF CRIMINAL LIABILITY
Prescription of the crime is the forfeiture or loss
of the right of the State to prosecute the offender
after the lapse of a certain time fixed by law.
Prescription of the penalty is the forfeiture of the
right of the State to execute the final judgment
after the lapse of a certain time fixed by law.
EXTINCTION OF CRIMINAL LIABILITY
Absolute Pardon – is the total extinction of
the criminal liability of the prisoner to
whom it is granted without condition
whatsoever resulting to the full restoration
of his civil rights. This may be granted by
the President.
EXTINCTION OF CRIMINAL LIABILITY
Amnesty – is an official pardon for people
who have been convicted of political
offense.
This may be granted by the President.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

1. Conditional Pardon
2. Commutation of sentence
3. Good conduct time allowance during
confinement
4. Parole
5. Probation
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Conditional Pardon – is the conditional

exemption of guilty offender for the punishment
imposed by a court. Conditions must be strictly
followed as it can be revoked and the person
shall be liable for prosecution for violation of
the conditional pardon.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Commutation of Sentence – is the change in the

sentence of the court made by the President
which consists in reducing the penalty imposed
upon the offender.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Parole – consists of the suspension of the

sentence of a convict after having served the
minimum of the sentence without the granting
of a pardon, prescribing the terms upon which
the sentence shall be suspended. Parole is a
conditional release from correctional institution.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Who may grant parole to a prisoner?

The Board of Pardons and Parole, an agency

under the Office of the Secretary of Justice.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

If the parolee violates the condition of the

parole, he shall be rearrested and recommitted
to prison to serve the unexpired portion of the
maximum period of his sentence.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Probation - is the period of time during which a

person who has committed a crime has to obey
the law and be supervised by a probation
officer, rather than being sent to prison.
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Good conduct time allowances of a prisoner in a

penal institution:
First 2 years – 5 days for each month of good
behavior
Third to fifth year – 8 days for each month
Sixth to 10th year – 10 days per month
11th & onwards – 15 days per month
PARTIAL EXTINCTION OF CRIMINAL LIABILITY

Special time allowance for Loyalty:

This consists of the deduction of one-fifth
(1/5) of the period of the sentence of the
prisoner if he, having evaded the service of
sentence because of calamity or disorder, gives
himself up to the authorities with 45 hours from
the end of calamity.