Illustrations

TOTAL EXTINCTION OF CRIMINAL LIABILITY 1. Civil Liability Based on Law

In cases of physical injuries, Article 33 of the Civil
1. Effect of Death of the Offender on Criminal and Civil Code allows a separate and distinct civil action for
Liability damages. This action may proceed independently
of the criminal case and may be pursued despite
As to pecuniary penalties, liability therefor is extinguished
the death of the accused.
only when the death of the offender occurs before final
2. Civil Liability Based on Contract
judgment.
In estafa cases involving a contract of sale, the civil
Rule: The death of the convict, whether before or after
liability may arise from the contractual obligation
final judgment, extinguishes criminal liability, because
rather than solely from the criminal act. Thus, the
one of the juridical conditions of a penalty is that it is
corresponding civil action may still be enforced
personal.
against the estate of the deceased.
Rule: Civil liability is extinguished only when death
occurs before final judgment.
If the civil liability is exclusively founded on the crime, it is
The death of the convict also extinguishes pecuniary
extinguished upon the death of the accused pending
penalties only when death occurs before final judgment.
appeal. However, if the civil liability is anchored on an
Rule: Hence, if the offender dies after final judgment, the
independent source of obligation, it survives and may still
pecuniary penalties are not extinguished.
be pursued.
Rule: Civil liability exists only when the accused is
convicted by final judgment.
Rule: Both criminal and civil liability are extinguished 2. By Service of Sentence
when the offender dies before final judgment. Rule: When payment is made, the debt is extinguished.
 When the accused dies while the judgment of A crime may be viewed as a debt incurred by the offender
conviction is pending appeal, both his criminal as a consequence of his wrongful act, and the penalty
and civil liability are extinguished. represents the amount of such debt.
Definition of Final Judgment Rule: The service of sentence does not extinguish civil
The term “final judgment” in criminal law refers to a liability.
judgment beyond recall. (Salgado vs. Court of Appeals, G.R. No. 89606, August 30,
 As long as the judgment has not become 1990, 189 SCRA 304)
executory, it cannot be said with finality that the
accused is guilty of the offense charged. 3. By Amnesty
Under Section 7, Rule 16 of the Rules of Court, a Amnesty
judgment in a criminal case becomes final:  Completely extinguishes the penalty and all its
 After the lapse of the period for perfecting an effects.
appeal;  Defined as an act of the sovereign power granting
 When the sentence has been partially or totally oblivion or a general pardon for a past offense. It
satisfied or served; or is rarely exercised in favor of a single individual
 When the accused has expressly waived in and is usually extended to classes of persons who
writing his right to appeal. are subject to trial but have not yet been
convicted (Brown vs. Walker).
Effect of Death of the Accused Pending Appeal  May be granted even after conviction.
General Rule: o The amnesty proclamation in favor of the
The death of the accused while the appeal of his Hukbalahaps was applied to those
conviction is pending extinguishes: already serving sentence at the time of its
1. Criminal liability, and promulgation (Tolentino vs. Catoy).
2. Civil liability arising solely from the offense  Examples of Amnesty:
(delict). o Proclamation No. 51 (January 28, 1948)
In effect, when the civil liability is based exclusively on the by President Roxas — amnesty to
crime charged, it is likewise extinguished together with collaborators during World War II
the criminal action. o Proclamation No. 76 (June 21, 1948) by
President Quirino — amnesty to Huks and
Exception: PKM members
The civil liability survives despite the death of the o Proclamation No. 80 (February 28, 1987)
accused if it is based on sources of obligation other than by President Aquino — amnesty for
delict, namely: political offenses such as rebellion and
 Law sedition
 Contract  Civil liability is not extinguished by amnesty.
 Quasi-contract o While amnesty obliterates the criminal
 Quasi-delict act, it does not extinguish civil liability
In such cases, the civil action may proceed independently (U.S. vs. Madlangbayan).
against the estate of the deceased.
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4. By Absolute Pardon  Crimes punishable by death, reclusion perpetua,

Pardon, defined: or reclusion temporal prescribe in 20 years.
 An act of grace proceeding from the authority  Crimes punishable by other afflictive penalties
entrusted with the execution of the laws, prescribe in 15 years.
exempting an individual from the punishment  Crimes punishable by correctional penalties
imposed for a crime. prescribe in 10 years, except those punishable by
 Until accepted, a pardon is merely an intended arresto mayor, which prescribe in 5 years.
favor and may be withdrawn.  The crime of libel or similar offenses prescribes in
 Once accepted, it becomes irrevocable. 1 year.
 A pardon, whether absolute or conditional, is in  Oral defamation and slander by deed prescribe in
the nature of a deed, requiring delivery and 6 months.
acceptance for validity.  Light offenses prescribe in 2 months.
When the penalty is compound, the highest penalty shall
Kinds of Pardon: be the basis in applying these rules.
a. Absolute pardon (As amended by R.A. No. 4661)
b. Conditional pardon
 The power to grant executive clemency is Rules on Computation of Prescription of Crimes
unlimited and rests in the absolute discretion of
the Chief Executive (U.S. vs. Guarin).  In computing the prescriptive period, the first day
 In adultery, if pardon is given by the offended is excluded and the last day included.
spouse, both offenders must be pardoned for it  A month is computed as a 30-day month, and the
to be effective (People vs. Infante). prescriptive period begins from the day following
 A pardon granted for one crime does not extend the commission of the crime.
to another distinct offense.  In a leap year, February 28 and 29 are counted as
o Thus, a pardon for murder does not separate days in computing the prescriptive
cover liability for evasion of service of period.
sentence committed prior to the pardon o Thus, where the prescriptive period
(Alvarez vs. Director of Prisons). commenced on December 21, 1955, filing
the action on December 21, 1965 was
Distinction Between Amnesty and Pardon already beyond the 10-year period,
Amnesty considering that 1960 and 1964 were
 A blanket pardon granted to classes of persons, leap years, resulting in a delay of two
usually for political offenses. days.
 May be granted before trial or investigation. Additional Rules on Prescription of Crimes
 Looks backward and obliterates the offense  When the penalty is compound, the highest
itself, as if it never existed. penalty shall be the basis for the application of the
 Extinguishes the effects of the crime; the rules under Article 90.
offender is no longer considered a recidivist. o Thus, in perjury where the penalty ranges
(U.S. vs. Francisco, 10 Phil. 185) from arresto mayor to prision
 A public act; courts take judicial notice of it. correccional, the higher penalty being
Pardon correctional, the crime prescribes in ten
 Granted individually by the President and may years (People vs. Cruz).
apply to any crime.  When a fine is imposed as an alternative penalty
 Granted after conviction. and it is higher in nature (correctional or afflictive)
 Looks forward and relieves the offender from the than the imprisonment penalty, the fine shall be
consequences of the offense, but does not erase the basis in determining prescription.
the fact of the crime. o Hence, even if imprisonment is arresto
 Does not remove recidivism, as it only mayor, if the fine is correctional or
extinguishes the personal effects of the penalty. afflictive, the prescriptive period follows
(U.S. vs. Sotelo, 28 Phil. 147) the higher penalty (People vs. Basalo;
 A private act; must be pleaded and proved by People vs. Crisostomo).
the person pardoned.
Rule:
Both amnesty and pardon do not extinguish civil liability
of the offender. (Article 113) Prescription of Offenses under Special Laws and
Ordinances
5. By Prescription of the Crime Under Act No. 3326, as amended:
1. Offenses punishable by fine or imprisonment not
Prescription of the crime is the forfeiture or loss of the
exceeding one month — prescribe in 1 year
right of the State to prosecute the offender after the
2. Imprisonment of more than one month but less
lapse of a certain period of time.
than two years — 4 years
Article 90. Prescription of Crimes

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3.
Imprisonment of two years or more but less
than six years — 8 years Rule: If proceedings are stopped due to the fault of the
4. Imprisonment of six years or more — 12 years accused, prescription does not run.
5. Offenses under Internal Revenue Law — 5 years Rule: In false testimony, prescription begins only when the
6. Violations of municipal ordinances — 2 months principal case is finally decided, since only then does the
7. Violations of conditions of certificate of crime become actionable.
convenience — 2 months
Exception: These rules do not apply where the special law
provides its own prescriptive period. 6. By Prescription of the Penalty
By prescription, the State loses the right either to
Rules on Commencement and Interruption of prosecute the crime or to demand the service of the
Prescription penalty imposed.
Prescription begins to run: (Santos vs. Superintendent, 55 Phil. 345)
 From the date of commission of the offense, or Prescription of the penalty is the loss or forfeiture of the
 From its discovery, if the commission was right of the Government to execute the final sentence
unknown. after the lapse of a certain period of time.
Rule: The following conditions are necessary for
 It is the discovery of the crime, not the identity prescription of penalty:
of the offender, that triggers prescription. a. There must be a final judgment;
 Prescription is interrupted by the filing of a b. The period prescribed by law for its enforcement has
complaint or information. elapsed.
 It begins to run again when proceedings
terminate without conviction or acquittal, or are
unjustifiably stopped for reasons not imputable Article 92. When and How Penalties Prescribe
to the accused. The penalties imposed by final sentence prescribe as
 Prescription does not run when the offender is follows:
absent from the Philippines. 1. Death and reclusion perpetua — 20 years
2. Other afflictive penalties — 15 years
Other Doctrines on Prescription 3. Correctional penalties — 10 years, except arresto
mayor — 5 years
 The defense of prescription may be raised during 4. Light penalties — 1 year
trial or on appeal.
 An accused cannot be convicted of a lesser Rules on Prescription of Penalties
offense already prescribed, even if it is included  The penalty must be imposed by final sentence.
in the charge for a graver offense.  If the judgment is not yet final (e.g., pending appeal),
 Prescription does not divest the court of the penalty does not prescribe.
jurisdiction; it is a ground for acquittal.  In prescription of crimes, the basis is the penalty
 The filing of a complaint, even for preliminary prescribed by law.
investigation, interrupts prescription, even if the  In prescription of penalties, the basis is the penalty
court has no jurisdiction to try the case on the actually imposed by final judgment.
merits.
 The complaint or information must correspond Distinction Between Article 90 and Article 92
to the proper offense; otherwise, it does not Rule: Article 90 uses the phrase “crimes punishable by,”
interrupt prescription for a different offense. hence prescription is based on the penalty provided by
law.
Article 91 – Computation of Prescription of Offenses Rule: Article 92 uses the phrase “penalties imposed by final
 The prescriptive period commences from the sentence,” hence prescription is based on the actual
discovery of the crime by the offended party, penalty imposed.
authorities, or their agents.
 It is interrupted by the filing of the complaint or Application on Fines
information. Rule:
 It resumes when proceedings terminate without  When the issue is prescription of the crime,
conviction or acquittal, or are unjustifiably Article 9 applies.
stopped.  When the issue is prescription of the penalty,
 It does not run when the offender is absent from Article 26 applies.
the Philippines.  If the fine is not more than ₱200, it is a light
penalty.
Special Doctrines  If the fine is ₱200 or more but not exceeding
Rule: In continuing crimes, the prescriptive period does ₱6,000, it is a correctional penalty.
not run because the crime has not yet terminated.  If the fine exceeds ₱6,000, it is an afflictive
penalty.
Rule: Filing of a complaint with the prosecutor’s office Illustration:
interrupts prescription.

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 If the issue is prescription of crime, a fine of 1. Conditional pardon

₱200 results in a light offense → prescribes in 2 2. Commutation of sentence
months. 3. Good conduct allowances
 If the issue is prescription of penalty, the same
fine is correctional → prescribes in 10 years. 1. Conditional Pardon
 A conditional pardon, once delivered and
accepted, is considered a contract between the
Article 93. Computation of Prescription of Penalties Chief Executive and the convict, whereby release
Rule: The period of prescription of penalties commences is granted subject to compliance with conditions.
from the date the offender evades the service of  The usual condition imposed is that the convict
sentence. shall not again violate any penal law.
Rule: It is interrupted when the offender:  The convict must strictly comply with the
1. Surrenders conditions imposed.
2. Is captured  Non-compliance results in:
3. Goes to a foreign country without extradition o Revocation of the pardon
treaty o Re-arrest and reincarceration
4. Commits another crime before the expiration of o Liability under Article 159
the period  The condition generally applies only to the
Rule: The period begins to run again if the offender unserved portion of the sentence, unless a
escapes again after recapture. contrary intention is clearly expressed.

Elements of Prescription of Penalties 2. Commutation of Sentence

1. The penalty is imposed by final judgment  A commutation of sentence is the reduction of
2. The offender evaded service of sentence the penalty imposed by the court, either by
3. The offender has not been captured, lowering its degree, shortening the term of
surrendered, or interrupted prescription imprisonment, or reducing the fine.
4. The period of prescription has elapsed  The commuted penalty replaces the original
sentence.
Additional Rules  Instances where commutation is provided by law:
 Evasion of service of sentence is a requisite, not an o When a convict sentenced to death is
interruption, of prescription of penalties. over 70 years old
 Commission of another crime before the expiration o When the Supreme Court fails to reach
of the period interrupts prescription. the required votes to affirm the death
 Acceptance of a conditional pardon interrupts the penalty
prescriptive period.
 The rationale for prescription of penalties is that an 3. Good Conduct Allowances (Article 97, as amended by
escaped convict who successfully evades arrest for a R.A. 10592)
long period has already endured conditions akin to  These are deductions from the term of
punishment. imprisonment granted for good behavior.
 Under the amended law, deductions are as
7. By Marriage of the Offended Woman follows:
o First 2 years — 20 days per month
Marriage of the offender with the offended woman, after o 3rd to 5th year — 23 days per month
the commission of the crimes of rape, seduction, o 6th to 10th year — 25 days per month
abduction, or acts of lasciviousness, must be contracted o 11th year onwards — 30 days per month
in good faith. o Additional 15 days per month for study,
Rule: A marriage entered into solely to avoid criminal teaching, or mentoring
liability is void of legal effect.  An appeal by the accused does not deprive him of
these allowances.
 No allowance is granted during periods when the
prisoner is released under conditional pardon,
since he is not serving sentence in confinement.

4. Parole
 Parole is the suspension of the service of
sentence after the convict has served the
minimum term of the indeterminate sentence.
 It is granted by the Board of Pardons and Parole,
not by the President.
Partial Extinction of Criminal Liability  It does not extinguish criminal liability but merely
suspends the service of the sentence under
Criminal liability is partially extinguished by: specified conditions.

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 Violation of parole conditions results in re-arrest

and reincarceration to serve the remaining
sentence.
 The mere commission of a crime, even without
conviction, is sufficient ground for revocation of
parole.

Conditional Pardon vs. Parole

 Conditional pardon
o Granted by the Chief Executive
o May be granted at any time after final
judgment
o Violation may result in prosecution
under Article 159
 Parole
o Granted by the Board of Pardons and
Parole
o Granted only after serving the
minimum penalty
o Violation leads to re-arrest and
continuation of sentence, but no
prosecution under Article 159

Article 98. Special Time Allowance for Loyalty

 A deduction of one-fifth (1/5) of the sentence is
granted to a prisoner who, after escaping during
a calamity, surrenders within 48 hours after the
proclamation declaring the end of such calamity.
 A deduction of two-fifths (2/5) is granted if the
prisoner chooses to remain in confinement
during the calamity.
 The deduction is based on the original sentence,
not the unserved portion.

Article 99. Who Grants Time Allowances

 Time allowances for good conduct are granted
by:
o The Director of the Bureau of
Corrections
o The Chief of the Bureau of Jail
Management and Penology
o The Warden of local jails
 Once granted, such allowances cannot be
revoked.