Art.89

Question 1

Under Art. 89 of the RPC how is criminal liability totally extinguished? (7)

Answer 1

1. By the death of the convict as to the personal penalties; and as to the 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 Art. 344 of this Code

Question 2

Define “final judgment” as employed in the RPC

Answer 2

Judgment beyond recall

Question 3

Define amnesty

Answer 3

It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is rarely if ever exercised in favor of a single individual and is usually exerted in behalf of certain classes of persons who are subject to trial but have not yet been convicted

Question 4

Define pardon

Answer 4

It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishmnet the law inflicts for the crime he has committed

Question 5

Kinds of pardon (2)

Answer 5

1. Absolute
2. Conditional

Question 6

Indispensable requisite of pardon

Answer 6

Delivery. Meaning it must be accepted

Question 7

Limitation on the power of the President to grant pardon: (3)

Answer 7

1. Impeachment cases
2. Cases that have not yet resulted in a final conviction
3. Cases involing violation of election laws in which there was no favorable recommendation coming from the COMELEC

Question 8

Distinguish pardon by president and parodnby the offended party: (5)

Answer 8

Question 9

Distinguish amnesty and pardon: (5)

Answer 9

Question 10

Define prescription of the crime

Answer 10

Forfeiture or loss of the right of the State to prosecute the offender after the laps of a certain time

Question 11

Define prescription of the penalty

Answer 11

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

Question 12

2 Conditions necessary in prescription of penalty (2)

Answer 12

1. That there be a final judgment
2. That the period of time prescribed by law for its enforcement has elapsed