Art. 89 - 99 (Extinction of Criminal Liability)

Question 1

State:
Article 89. How criminal liability is totally extinguished.
(7)

Answer 1

Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefore 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 marriage of the offended woman, as provided in Article 344 of this Code.

Question 2

What are the additional modes of extinction?

2

Answer 2

1. Under Art. 266-C of RA 8353 (The Anti-Rape Law of 1997),

“The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

“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.”

2. Under Par. 2, Sec. 3 of RA 10707 (An Act Amending PD No. 968, Otherwise Known As “Probation Law of 1976”)

“The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended as a result of his conviction and to totally extinguish his criminal liability as to the offense for which probation was granted.”

Question 3

What is the effect of death of the offender on his criminal and civil liabilities?

Answer 3

Death of convict extinguishes criminal liability at any state of the proceeding

but his civil liability shall be extinguished only if death occurs BEFORE final judgment.

Question 4

Distinguish pecuniary penalties and pecuniary liabilities.

Answer 4

Pecuniary Penalties
- those measured in money or which relates to money, which include fines under Art. 25, 26 & 39, or subsidiary penalties or bond to keep the peace

Pecuniary Liabilities
- Those that are measured in money are adjudged against the accused and are undeniably ex delicto (it arises from the crime); Art. 38 Order of Pecuniary Liability

Question 5

The accused died BEFORE his final judgment. Will his pecuniary liabilities also be extinguished?

Answer 5

Yes. Criminal action is extinguished; the civil action instituted therein for recovery of civil liability ex delicto is ipso facto extinguished.

Question 6

The accused died AFTER his final judgment. Will his pecuniary liabilities also be extinguished?

Answer 6

No. While criminal action is extinguished, pecuniary claims shall be claimed against the estate of the accused in the settlement of estate proceedings under Rule 73-91 of the Rules of Court.

Question 7

How can civil liabilities be claimed after the death of convict?

Answer 7

Provided that the accused died after final judgment, a separate civil action for the claim of civil liabilities can be filed.

The claim for civil action survives not withstanding the death of the accused if the same may also be predicated on a source of obligation other than delict (e.g. quasi-delict, law, contract, quasi-contract).

Question 8

If an accused has belief that his sentence had already been served, but he has not yet been released, what can be done?

Answer 8

The accused can file for a Petition of Writ of Habeas Corpus under Art. 102 of the Rules of Court.

Question 9

What is amnesty?

Answer 9

• an act of the sovereign power granting oblivion or a general pardon for a past offense, and barely exercised in favor of a single individual, and is usually inserted on behalf of a certain class of persons who are subject to trial but have not yet been convicted

Amnesty commonly denotes a general pardon to rebels for their treason or other high political offenses, or the forgiveness which one sovereign grants to the subjects of another who have offended by some breach of law of the nation.

Amnesty looks backward and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offenses with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense.

It is a public act of the President which courts take judicial notice of especially since it is concurred to by Congress.

Question 10

Can all offenses be covered under amnesty?

Answer 10

No, only those covered by the amnesty proclamation can criminal liability be extinguished by amnesty.

Question 11

What is pardon?

Answer 11

• an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individuals on whom it is bestowed from the punishment. The law inflicts for the crime that he has committed.

Question 12

What are the kinds of pardon?

Answer 12

1. Absolute pardon, under Art. 89 par. 4
2. Conditional pardon, under Art. 94, par. 1
3. Pardon under Art. 344 of the RPC

Question 13

Distinguish pardon and amnesty.

Answer 13

PARDON:

1. Given by the Chief Executive
2. It is a PRIVATE act which must be pleaded and proved by the person pardoned, because the courts take no notice thereof
3. Granted AFTER final conviction
4. Looks FORWARD and relieves offender from the CONSEQUENCE of an offense which he has been convicted; it abolishes or forgives the punishment
5. NOT EXEMPT from the payment of civil indemnity imposed upon him by his sentence (effects of conviction stays)

AMNESTY:

1. Proclamation of the Chief Executive, with CONCURRENCE of the Congress
2. It is a PUBLIC act of which the courts should take judicial notice.
3. Granted BEFORE final conviction
4. Looks BACKWARD and abolishes and PUTS INTO OBLIVION the offense itself
5. OVERLOOKS and OBLITERATES the offenses with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense

Question 14

State:

Article 90. Prescription of crimes.

Answer 14

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 offenses 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 No. 4661)

Question 15

Under Art. 344, who can give pardon to the accused?

Answer 15

Under Art. 344 of the RPC, the offenses of seduction, abduction, rape under Art. 266-A, or acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, guardians, godparents, nor in any case, if the offended party has been expressly pardoned by the above-mentioned person.

Question 16

Under Art. 344, can private complainant give pardon to the accused anytime during the proceeding?

Answer 16

No. After the case has been filed in court, any pardon made by the private complainant, whether by sworn statement or on the witness stand, cannot extinguish criminal liability.

Question 17

How many instances can there be extinction of criminal liability under Art. 344?

Answer 17

Two.

1. Pardon under Art. 344
2. Art. 89 (7): Marriage by the private offended party in relation to Art. 344 and Art. 266-C (for rape cases)

Question 18

What is the rationale behind the extinction of criminal liability under Art. 89 (7)?

Answer 18

As held by the Court in People vs. Ronie De Guzman, “Given public policy consideration, for the sanctity of marriage, and the highest regard for the solidarity for the family, we must accord appellant the full benefit of Art. 89 in relation to Art. 344 and Art. 266-C of the Revised Penal Code.”

Question 19

What is prescription?

Answer 19

It is a concept similar to that of statue of limitations which is enacted in a common law legal system that sets the maximum time after an event that legal proceeding based on that event may be initiated.

If the crime has prescribed, a person cannot anymore be prosecuted. The statue of limitations has set in, depriving the State such right to prosecute. The limitation depends upon the degree of the penalty.

Question 20

What is prescription of the crime?

Answer 20

The forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain time.

Question 21

Prescription period for crimes punishable by death

Answer 21

20 years

Question 22

Prescription period for crimes punishable by reclusion perpetua

Answer 22

20 years

Question 23

Prescription period for crimes punishable by reclusion temporal

Answer 23

20 years

Question 24

Prescription period for crimes punishable by other afflictive penalties

Answer 24

15 years

Question 25

Prescription period for crimes punishable by correctional penalty

Answer 25

10 years
(except those punishable by arresto mayor)

Question 26

Prescription period for crimes punishable by arresto mayor

Answer 26

5 years

Question 27

Prescription period for crime of libel or other similar offense

Answer 27

1 year

Question 28

Prescription period for offenses of oral defamation and slander by deed

Answer 28

6 months

Question 29

Prescription period for light offenses

Answer 29

2 months

Question 30

If the penalty fixed by law is a compound one, which penalty shall be made basis of application of the rules contained in the first, second and third paragraphs of Art. 90?

Answer 30

the highest penalty

Question 31

State:

Article 91. Computation of prescription of offenses.

Answer 31

The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiable stopped for any reason not imputable to him.

The term prescription shall not run when the offender is absent from the Philippine Archipelago.

Question 32

When does prescription of crime start?

Answer 32

The prescription of crime shall commence from the discovery of the crime by the offended, the authorities, or their agents.

Question 33

When shall prescription commence for registration of falsified documents?

Answer 33

The registration in the Register of Deeds of the falsified documents is the time when the entire world has constructive notice of such document.

Prescription of the crime is reckoned upon such registration because the offended party is deemed to have constructive notice, and so discovery at such time.

The moment it is registered, the prescription starts to run.

Question 34

When shall prescription commence for bigamy cases?

Answer 34

The rule on registration of constructive notice does not apply to prescription of bigamy cases, where the reckoning period is the discovery, not the registration, of the bigamous marriage.

Question 35

When does prescription of crime stop?

Answer 35

Rule 110 of the Rules of Court:

1. The institution of criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws.
2. For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
3. For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

Question 36

Are Articles 90 and 91 applicable for those punished under Special Penal Laws?

Answer 36

No. Articles 90 and 91 are applicable for felonies under the Revised Penal Code.

For offenses under special laws, the Special Penal Code may provide for he period and rules for prescription of violations thereof. If the Special Penal Law does not so provide, Act 3326 “An Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal Ordinances and to Provide Prescription When Prescription Shall Begin to Run” applies.

Question 37

When does prescription start under Act 3326?

Answer 37

SEC. 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the, discovery thereof and the institution of judicial proceedings for its investigation and punishment.

The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again il the proceedings are dismissed for reasons not constituting jeopardy.

Question 38

State:

Article 92. When and how penalties prescribe.

Answer 38

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.

Question 39

What is a prescription of the penalty?

Answer 39

The loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time

Question 40

Prescription period for reclusion perpetua

Answer 40

20 years

Question 41

Prescription period for reclusion temporal, disqualification, and prision mayor

Answer 41

15 years

Question 42

Prescription period for prision correcional, suspension and destierro

Answer 42

10 years

Question 43

Prescription period for arresto mayor

Answer 43

5 years

Question 44

Prescription period for arresto menor, public censure

Answer 44

1 year

Question 45

State:

Article 93. Computation of the prescription of penalties.

Answer 45

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 capture, 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.

Question 46

When does prescription of penalty stop?

Answer 46

The tolling of period of prescription of penalty occurs when the convict:

1. gives himself up
2. is captured
3. goes to another country with which the Philippines has no extradition treaty; or
4. commits another crime before the expiration of the period

Question 47

State:

Article 94. Partial extinction of criminal liability.

Answer 47

Criminal liability is extinguished partially:

1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowance which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence.

Question 48

What is a conditional pardon?

Answer 48

It is a contract between the Chief Executive and the convict to the effect that the former will release the prisoner subject to the condition that if he does not comply with the terms of the pardon, he will be recommitted to prison to serve the unexpired portion of the sentence or an additional one.

Question 50

What happens when the offender violates the condition of his pardon?

Answer 50

The pardon shall be revoked and Art. 159 shall apply. The offender may be meted with additional penalty.

Art. 159. Other cases of evasion of service of sentence. — The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

Question 51

Who determines if there is violation of conditional pardon?

Answer 51

The Chief Executive

Question 52

State:

Article 95. Obligation incurred by a person granted conditional pardon.

Answer 52

Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein, otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.

Question 53

What is commutation of sentence?

Answer 53

Commutation is a change in the sentence by final conviction either by lowering the term of the sentence or change in the nature of the sentence, which substitutes the original sentence of the offender.

Question 54

When does prescription of penalty become operative?

Answer 54

The period of prescription of penalty begins to run when the convict evades service of sentence by escaping during the term of his sentence.

Question 55

Which law amended Art. 97 and 98, which increased the deductions from the period of his sentence for good conduct?

Answer 55

RA 10592

Question 56

Offender’s good conduct while in detention for the FIRST TWO YEARS shall be entitled to a deduction of _________ from the period of his sentence?

Answer 56

20 days/month

Question 57

Offender’s good conduct while in detention for the 3RD TO 5TH YEAR shall be entitled to a deduction of _________ from the period of his sentence?

Answer 57

23 days/month

Question 58

Offender’s good conduct while in detention for the 11TH YEAR AND ABOVE shall be entitled to a deduction of _________ from the period of his sentence?

Answer 58

30 days/month

Question 59

State:

Article 97. Allowance for good conduct.

Answer 59

The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

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.

Question 60

State:

Article 96. Effect of commutation of sentence.

Answer 60

The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.

Question 61

Offender’s good conduct while in detention for the 6TH TO 10TH YEAR shall be entitled to a deduction of _________ from the period of his sentence?

Answer 61

25 days/month

Question 62

Requisites for a special time allowance

Answer 62

1. The occurrence of disorder resulting from conflagration, earthquake, explosion or similar catastrophe or a mutiny
2. The convict evades service of sentence or preventive imprisonment
3. He must give himself up within 48 hours after the proclamation by the Chief Executive of such calamity

Question 63

How much of the convict’s period of sentence shall be deducted for REMAINING at the place of confinement after a calamity?

Answer 63

His period of sentence is reduced by 2/5 (Sec. 4, RA 10592).

Question 64

Additional allowance given at any time during his imprisonment

Answer 64

At any time during the period of imprisonment, he shall be allowed another deduction of 15 days for each month of study, teaching or mentoring service time rendered.

Question 65

State:

Article 99. Who grants time allowances.

Answer 65

Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

Question 66

State:

Article 98. Special time allowance for loyalty.

Answer 66

A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 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 referred to in said article. A deduction of 2/5 of the period of his sentence shall be granted in case said prisoner chose to stay in the place of confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.

Question 66

How much of the convict’s period of sentence shall be deducted for RETURNING to the place of confinement after a calamity?

Answer 66

His period of sentence is reduced by 1/5.