Professional Documents
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TITLE FOUR
EXTINCTION OF CRIMNAL
LIABILITY
EXTINCTION OF CRIMINAL LIABILITY
TOTAL
PARTIAL
Article 89
How criminal liability is totally extinguished. - Criminal liability is totally
extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender
occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.
See additional modes of extinction under R.A No. 8353 and P.D. No.968 as
amended by R.A. No. 10707, November 26,2015.
#1. DEATH OF CONVICT
“Article 266-C. Effect of Pardon. – The subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the
penalty imposed. Republic Act No. 8353 page 3 “In case it is the legal husband
who is the offender, the subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the penalty: Provided, That the
crime shall not be extinguished or the penalty shall not be abated if the
marriage is void ab initio.
ART. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape, and acts of lasciviousness. — The crimes of
adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, nor, in any case, if
HE SHALL HAVE CONSENTED OR PARDONED THE OFFENDERS.
The offenses of seduction, abduction, rape or acts of lasciviousness,
shall NOT BE PROSECUTED except upon a complaint filed by the
offended party or her parents, grandparents, or guardian, nor, in any
case, IF THE OFFENDER HAS BEEN EXPRESSLY PARDONED BY
THE ABOVE NAMED PERSONS, as the case may be.
In the cases of seduction, abduction, acts of lasciviousness and rape,
the MARRIAGE OF THE OFFENDER WITH THE OFFENDED PARTY
SHALL EXTINGUISH THE CRIMINAL ACTION OR REMIT THE
PENALTY ALREADY IMPOSED UPON HIM. The provisions of this
paragraph shall also be applicable to the coprincipals, accomplices and
accessories after the fact of the above-mentioned crimes.
PARDON
PARDON
OF THE CHIEF PARDON OF THE
EXECUTIVE OFFENDED PARTY
Crimes covered:
1. rape
2. seduction
3. abduction
4. acts of lasciviousness
MARRIAGE OF OFFENDED WOMAN
Conditions:
1. There must be final judgment.
2. The period must have elapsed.
PAR. 6. BY PRESCRIPTION OF PENALTY
.
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 five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime 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. (As amended by RA 4661, approved June 19,
1966).
PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by:
a. Death, reclusión perpetua or reclusión temporal – 20 years
b. afflictive penalties – 15 years
c. correctional penalties – 10 years,
d. except those punishable by arresto mayor which shall prescribe in 5
years
2. Crime of libel – 1 year
3. Offenses of oral defamation and slander by deed – 6 months
4. Light offenses – 2 months
ART. 90 PRESCRIPTION OF CRIMES
• If it is a compound penalty, basis will be the
highest penalty.
• If fine is an alternative penalty (imposed together
with a penalty lower than the fine), fine shall be the
basis.
• Prescription begins to run from the discovery
thereof. It is interrupted when proceedings are
instituted and shall begin to run again when the
proceedings are dismissed.
ART. 90 PRESCRIPTION OF CRIMES
.
ARTICLE 90 & SPL may provide for the
91 period and rules of
prescription of violation
thereof
Example:
If punished under RPC:
X killed Y. Z, a neighbor, witnessed the killing but
kept silent. It was only after 22 years that Z
divulged to the authorities. Here, the authorities
can still file a complaint because it was only from
the moment when Z informed the authorities that
the latter is deemed to be discovered the crime.
ART. 91 COMPUTATION OF PRESCRIPTION
OF OFFENSES
Example:
If punished under RPC:
X stabbed Y multiple times but survived. Y kept
silent for 20 years. On the 21st year, if Y decides
to file a complaint against X, the same will be
dismissed on the ground of prescription of the
crime because the date of discovery happens
also to be the date of the commission of the
crime.
ART. 91 COMPUTATION OF PRESCRIPTION
OF OFFENSES
Prescription of Penalties
The loss or forfeiture of
the right of the government to
execute the final sentence after
the lapse of a certain time.
ART. 92 WHEN AND HOW PENALTIES
PRESCRIBE
Chapter Two
PARTIAL EXTINCTION
OF CRIMINAL LIABILITY
Article 94
ART. 94.
"3. For good conduct allowances which the culprit may earn while he is undergoing
preventive imprisonment or serving his sentence." (RA 10592
ART. 94 PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
Conditional pardon –
a contract between the sovereign power of the executive and
the convict
NOTE: Convict shall not violate any of the penal laws of the
Philippines.
COMMUTATION –
change in the decision of the court by the chief regarding
the:
1.degree of the penalty
2.by decreasing the length of the imprisonment or fine
"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days
for each month of good behavior during detention;
"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a
reduction of twenty-three days for each month of good behavior during detention;
"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of twenty-five days for each month of good behavior during detention;
"4. During the eleventh and successive years of his imprisonment, he shall be allowed a
deduction of thirty days for each month of good behavior during detention; and
"5. At any time during the period of imprisonment, he shall be allowed another deduction of
fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or
mentoring service time rendered.
"An appeal by the accused shall not deprive him of entitlement to the above allowances for
good conduct." (RA 10592)
ART. 97: ALLOWANCE FOR GOOD CONDUCT
Note:
Not an automatic right for it has to be granted by the Director
of Prisons (Art. 99). Also, he must be serving his sentence.
Thus, if released because of conditional pardon, this provision
is not applicable.
Article 98
Special time allowance for loyalty. - A deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 58 of this Code, gives
himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe to in
said article. A deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of hus cinfinement botwithstanding
the existence of a calamity or catstrophe enumerated in Article 158 of this Code.