Art. 91 - 93

Question 1

Outline of Art. 91

Answer 1

1. Prescription commences from the day on which the crime is discovered by offended party the authoires or their agents
2. It is interrupted by the filing of the compliant or information
3. Commences to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to him
4. Shall not run when the offender is absent from the Philippines

Question 2

The crime should be discovered by who? (3)

Answer 2

1. Offended party
2. Authorities
3. Agents of the authorities

Question 3

Rules on prescription of election offenses (2)

Answer 3

1. If discovery of offense is incidental to judicial proceedings prescription begins when such proceeding terminates; otherwise
2. From date of commission of offense

Question 4

When and how do penalties prescribe under Art. 92? (5)

Answer 4

1. Death and reclusion perpetua - 20 years
2. Other afflictive penalties - 15 years
3. Corretional penalties except for arresto mayor - 10 years
4. Arresto mayor - 5 years
5. Light penalties - 1 year

Question 5

Under Art. 93 when does the prescription of penalties commence to run?

Answer 5

From the date when the culprit evaded the service of his sentence

Question 6

How is prescription of penalties interrupted? (4)

Answer 6

When the convict:
1. Gives himself up
2. Be captured
3. Goes to a foreign country with which we have no extradition treaty
4. Commits another crime BEFORE the expiration of the period of prescription

Question 7

Elements of prescription of penalty (4)

Answer 7

1. Penalty is imposed by FINAL SENTENCE
2. Convict EVADED the service of the sentence by escaping during the term of his sentence
3. Convict who escaped HAS NOT GIVEN HIMSELF UP or been captured or gone to a foreign country with which we have no extradition treaty or committed another crime
4. That the PENALTY HAS PRESCRIBED because of the lapse of time from the date of the evasion of the service of the sentence by the convict

Question 8

Define “escape” under Art. 93 of the RPC

Answer 8

Unlawful departure of a prisoner from the limits of his custody

Question 9

Does acceptance of conditional pardon intrrupt the prescriptive period?

Answer 9

Yes

Question 10

Distinguish prescription of crime and prescription of penalty (4)

Answer 10