CRIMINAL LAW BOOK 1 | Course Notes by Atty.

Alex Garcia

WEEK 10

PARDON, SUBSIDIARY PENALTY, THREE-FOLD RULE AND PRESCRIPTION

Outcome : Explain executive pardon. Discuss how, when and as to whom it is exercised. Define subsidiary penalty, three-fold
rule and prescription

● Pardon (Article 36)

o Pardon is an executive clemency given by the president to those recommended convicted offenders.
o Pardon shall not restore the right to hold public office except when expressly restored. It shall not also exempt
civil liability.
o Pardon cannot be exercised in case of impeachment; judgment is not yet final and cases involving violation of
election law.
● Subsidiary penalty (Article 39)
o A subsidiary penalty is imposed on a convict who is unable to pay a fine or has no sufficient property to pay the
fine. This form of personal liability entails serving a period of imprisonment instead of paying the fine.
o He shall be subject to 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 judgment.
o Subsidiary personal liability shall not exceed one-third of the principal penalty, and in no case shall it continue for
more than one year. If the principal penalty is higher than prision correccional (6 months and 1 day to 6 years), no
subsidiary imprisonment shall be imposed. Why? Because person is already serving time in prison for their crime,
there is no need for additional subsidiary imprisonment.
o If the principal penalty imposed is only a fine, the subsidiary personal liability shall not exceed six months, if the
fine is imposed for a grave or less grave felony, and fifteen days, if for a light felony. Why? the main penalty is a
fine and it can't be paid, then subsidiary imprisonment steps in as an alternative form of accountability.
o The subsidiary personal liability shall not relieve the convict from the fine if their financial circumstances improve.
So, until when am I liable to pay the fine when the state already imprisoned me?, the convict's financial
circumstances improve within the prescription period, they are still obligated to pay the fine. If the fine remains
unpaid after the prescription period has lapsed, the State can no longer enforce the collection of the fine.

● Three-fold rule (Article 70)

o The three-fold rule is a principle under the Revised Penal Code of the Philippines, specifically outlined in Article 70.
It governs the successive service of sentences when a convict is sentenced to multiple penalties.
o 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. Such maximum period
shall in no case exceed forty years.
o If a convict is sentenced to reclusion perpetua (20 years and 1 day to 40 years) for one crime and prison mayor (6
years and 1 day to 12 years) for another, the total imprisonment should not exceed three times the most severe
penalty (reclusion perpetua), which is 120 years. However, the total duration should not exceed 40 years

● Prescription (Article 90)

o Prescription of the crime begins, as a general rule on the day the crime was committed, unless the crime was
concealed, not public, in which case, the prescription thereof would only commence from the time the offended
party or the government learns of the commission of the crime. The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.

o When a crime prescribes, the State loses the right to prosecute the offender, hence, even though the offender
may not have filed a motion to quash on this ground the trial court, but after conviction and during the appeal
he learned that at the time the case was filed, the crime has already prescribed, such accused can raise the
question of prescription even for the first time on appeal, and the appellate court shall have no jurisdiction to
continue, if legally, the crime has indeed prescribed.
CRIMINAL LAW BOOK 1 | Course Notes by Atty. Alex Garcia

Type of Crime Duration Prescription Period

Crimes punishable by death, Reclusion Perpetua: 20 years and 1 20 years

reclusion perpetua, or reclusion day to 40 years Reclusion
temporal Temporal: 12 years and 1 day to 20
years

Crimes punishable by prision mayor Prision Mayor: 6 years and 1 day to 15 years
or other afflictive penalties 12 years

Crimes punishable by prision Prision Correccional: 6 months and 10 years

correccional, arresto mayor, or a 1 day to 6 years
fine exceeding 6,000 pesos
Arresto Mayor: 1 month and 1 day
to 6 months

Crimes punishable by arresto Arresto Menor: 1 day to 30 days 1 year

menor or a fine not exceeding 200
pesos

Oral Defamation (Art. 358) - 1 year

Light Offenses - 1 year

o The prescription of the crime is interrupted or suspended –

▪ (1) When a complaint is filed in a proper barangay for conciliation or mediation as required by Chapter
7, Local Government Code, but the suspension of the prescriptive period is good only for 60 days.
After which the prescription will resume to run, whether the conciliation or mediation is terminated for
not;

▪ (2) When criminal case is filed in the prosecutor’s office, the prescription of the crime is suspended
until the accused is convicted or the proceeding is terminated for a cause not attributable to the
accused.

o Prescription of Penalties

▪ The prescription period begins from the date when the convict evades the service of the penalty. If the
convict is arrested or voluntarily surrenders, the prescription period is interrupted and resets

▪ Article 92. When and how penalties prescribe. - The penalties imposed by final sentence prescribe as
follows:

● 1. Death and reclusion perpetua, in twenty years;

● 2. Other afflictive penalties, in fifteen years;
● 3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor,
which prescribes in five years;
● 4. Light penalties, in one year.

▪ Article 93. Computation of the prescription of penalties. - The period of prescription of penalties shall
commence to run from the date when the culprit should evade the service of his sentence, and it shall
be interrupted if the defendant should give himself up, be captured, should go to some foreign country
with which this Government has no extradition treaty, or should commit another crime before the
expiration of the period of prescription.
● Interruption: If the convict is captured or voluntarily surrenders within the prescription
period, the period is interrupted and will start again from zero if they evade justice again.
CRIMINAL LAW BOOK 1 | Course Notes by Atty. Alex Garcia

▪ Effects of Prescription: Once the prescription period lapses, the State loses the right to enforce the
penalty. This provides a form of closure and stability for the individual and society.

PARTIAL AND TOTAL EXTINCTION OF CRIMINAL LIABILITY

Type of Extinction Circumstances Description Article

Total Extinction By Death of the Convict Criminal liability is extinguished if Article 89(1)
the convict dies before final
judgment.
Total Extinction By Service of Sentence Full execution of the penalty Article 89(2)
imposed by the court.
Total Extinction By Amnesty Complete pardon granted by the Article 89(3)
state, which obliterates the
offense and its legal
consequences.
Total Extinction By Absolute Pardon Granted by the President, Article 89(4)
absolving the convict from the
punishment and all its legal
consequences.
Total Extinction By Prescription of the Crime Lapse of the prescribed period Article 89(5)
within which legal action must be
initiated, after which prosecution
is barred.
Total Extinction By Prescription of the Penalty Lapse of the prescribed period Article 89(6)
within which the penalty must be
served, after which enforcement
is barred.
Partial Extinction By Commutation of Sentence Reduction of the penalty Article 94
imposed.
Partial Extinction By Conditional Pardon Granted by the President with Article 95
certain conditions attached.
Partial Extinction By Parole Conditional release before Indeterminate Sentence Law (Act
completion of the sentence, No. 4103)
subject to good behavior and
other conditions.