Title IV. Chapter 1- Total Extinction of Criminal Liability Flashcards
How is criminal liability extinguished?
(1) by the death of the convict, as to the personal penalty; as to the pecuniary penalty, liability is extinguished only when death of offender occurs BEFORE final judgment
(2) by service of sentence
(3) by amnesty, which completely extinguishes the penalty and its effects
(4) by absolute pardon
(5) by prescription of crime
(6) by prescription of penalty
(7) by marriage of the offended woman, as provided in art. 344
Does extinction of criminal liability automatically extinguished civil liability?
no
Causes of extinction of criminal liability vs. Cause of justification/ exemption
(1) arise after commission of offense
(2) arise from circumstances existing either before/ at the moment of its commission
Define Final Judgment
judgment beyond recall;
judgment becomes final
(1) after lapse of the period for perfecting an appeal
(2) when sentence has been partially/ totally satisfied/ served
(3) defendant has expressly waived in writing his right to appeal
Effect of death of accused pending appeal on his criminal and civil liability
GR: extinguishes criminal and civil liability based solely on the offense committed
Exception: claim for civil liability survives, if predicated on a source of obligation other than delict (law, contracts, quasi-contracts, quasi-delicts)
Where must the action for recovery of damages be filed, when civil liability survives?
*must file a separate civil action
(1) if act/ omission arises from quasi-delict/ by provision of law result in an injury to person/ property(real/ personal)
- - filed against the executor/ administrator of the estate of the accused
(2) if act/ omission arises from contract
- - filed against the estate of the accused
Is the right of the offended party to file a separate civil action lost by prescription when accused dies pending appeal?
no, so long as offended party has instituted criminal action together with the civil action; statue of limitations on civil liability is deemed interrupted during pendency of criminal case
Will the death of offended party extinguish the criminal liability of the offender?Why or why not?
no, because the offense is committed against the State
Concept of Service of sentence; does it extinguish civil liability?
crime is a debt incurred by the offender as a consequence of his wrongful act and penalty is the amount of his debt; when payment is made, debt is extinguished
no
Define Amnesty; when granted; effects on liability
act of the sovereign power granting oblivion/ general pardon for a past offense, usually exerted in behalf of certain classes/ persons, who are subject to trial but have not yet been convicted
may be granted after conviction
wipes out all traces and vestiges of the crime, but does not extinguish civil liability
Define Pardon; Kinds;
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 punishment the law inflicts for the crime he has committed
(1) absolute pardon
(2) conditional pardon
*to be valid, delivery is an indispensable requisite; once accepted, can no longer be revoked by the authority which granted it
Amnesty vs. pardon
P– includes any crime; exercised individually by the President
A– a blanket pardon to classes of persons/ communities who may guilty of political offenses
P– exercised when person is already convicted
A– may be exercised even before trial/ investigation is had
P– looks forward; relieves offender from consequences of an offense;
- abolishes/ forgive s the punishment
- does not work the restoration of rights to hold office or suffrage, unless express restored by the terms of pardon
A– looks backward; abolishes and puts into oblivion the offense itself
- overlooks and obliterates the offense
- stands before the law precisely as though he had committed no offense
P– does not alter the fact that accused is a recidivist; because it produces the extinction only of the personal effects of penalty
A– makes an ex-convict no longer a recidivist; obliterates the last vestige of the crime
PA– do not extinguish civil liability
P– being a private act of the President; must be pleaded and proved by person pardoned
A– being a public act, a proclamation of the Chief Executive w/ concurrence of Congress; courts should take judicial notice
Define Prescription of Crime; Prescription of Penalty
forfeiture/ loss of the right of the State to PROSECUTE THE OFFENDER after the lapse of a certain time
forfeiture/ loss of the right of the Government to EXECUTE THE FINAL SENTENCE after the lapse of a certain time
What are the 2 conditions necessary in prescription of penalty?
(1) that there be final judgment
(2) that the period of time prescribed by law for its enforcement has elapsed
Effects of final discharge of probationer
(1) shall operate to restore him all civil rights lost/ suspended
(2) totally extinguish his criminal liability as to the offense for which probation was granted
Prescription of crimes
(1) Crimes punishable by Death; Reclusion Perpetua; Reclusion Temporal
- - 20 years
(2) Crimes punishable by Other Afflictive Penalties
- - 15 years
(3) Crimes punishable by Correctional Penalties except arresto mayor
- - 10 years
(4) Crimes punishable by Arresto Mayor
- - 5 years
(5) Libel/ other similar offenses
- - 1 year
(6) Oral defamation and Slander by deed
- - 6 months
(7) Light Offenses
- - 2 months
*penalty fixed by law is compound one, highest penalty shall be the basis for the application of the rules
When should the running of prescriptive period commence?
from the day following the day on which the crime was committed/ discovered; or
first day excluded; last day included
What is the rule when the last day of the prescriptive period falls on a sunday/ legal holiday?
the information can no longer be filed on the next day as the crime has already prescribed
Rule regarding the prescription of oral defamation and slander by deed
simple slander – 2 months
grave slander – 6 months
Prescription of crimes punishable by fines
(1) Afflictive – 15 years
(2) Correctional – 10 years
(3) Light – 2 months
*subsidiary penalty for nonpayment of fines should not be considered in determining the period of prescription of such fines
What is the basis of prescription when fine is an alternative penalty higher than the other penalty which is imprisonment?
prescription of the crime is based on the fine
What are the prescriptive periods of offenses punished under special laws and municipal ordinances? when shall it begin to run? When interrupted?
Act no. 3763, amending Act no. 3326, provides: offenses punished by
(1) fine/ imprisonment <= 1 month, or both
- - 1 year
(2) 1 month < imp < 2 years
- - 4 years
(3) 2 years <= imp < 6 years
- - 8 years
(4) imp >= 6 years
- - 12 years
(5) offenses under Internal revenue law
- - 5 years
(6) violations of municipal ordinances
- - 2 months
(7) violations of regulations/ conditions of cert f public convenience by Pub serv com
- - 2 months
- *not applicable where special law provides for its own prescriptive period
- *from the day of commission of violation of law/ from the discovery and institution of judicial proceedings for its investigation and punishment
- -when proceedings are instituted against the guilty person
- shall begin to run again if proceedings are dismissed for reasons not constituting jeopardy
May the defense of prescription be raised during the trial or appeal?
yes
Can an accused be convicted of an offense lesser than that prescribed if the lesser offense has already prescribed at the time the information was filed?
no
Does prescription divest court of jurisdiction?
no, it is a ground for acquittal of the accused
Rules for the computation of prescription of offenses
(1) period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents
(2) it is interrupted by the filing of the complaint or information
(3) commences to run again when such proceedings terminate without the accused being convicted/ acquitted / unjustifiably stopped for any reason NOT imputable to him
(4) term of prescription shall not run when offender is absent from the Philippines
What kind of termination of a criminal case is contemplated on Art. 91 of prescription of crimes?
refers to a termination that is final, as to amount a jeopardy that would bar a subsequent prosecution
beyond reconsideration
When does prescription of election offenses begins?
(1) if discovery of offense is incidental to judicial proceedings
- - begins when such proceeding terminates
(2) otherwise,
- - from the date of commission of offense
Can art. 91 be applied when special law provides for a prescriptive period?
Yes, if such law did not prescribe any rule for the application of that period
When and how do penalties prescribe?
penalties imposed by FINAL SENTENCE prescribe as follows:
(1) Death; Reclusion Perpetua
- - 20 years
(2) Other Afflictive Penalties
- - 15 years
(3) Correctional Penalties, except arresto mayor
- - 10 years
(4) Arresto Mayor
- - 5 years
(5) Light Penalties
- - 1 year
Prescription of Crimes vs Prescription of Penalties
basis:
PoC – penalty prescribed by law shall be considered
PoP – penalty imposed should be considered
Rules for the Prescription of Penalties
(1) Period prescription of penalties commences to run from the date when the culprit evaded the services of his sentence
(2) It is interrupted if the convict :
a. gives himself up
b. be captured
c. goes to a foreign country with which we have no extradition treaty
d. commits another crime before the expiration of the period of prescription
– commence to run again when the convict escapes again, after having been captured and returned to prison
What are the elements for the prescription of penalties
(1) that the penalty is imposed by final sentence
(2) that the convict evaded the service of the sentence by escaping during the term of his sentence
(3) that the convict who escaped from prison 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 prescribed, because of the lapse of time from the date of evasion of service of the sentence by convict
Is the period of prescription of penalty that ran during the evasion forfeited upon his capture?
no, the period of prescription that ran during the evasion is not forfeited, so that if the culprit is captured and evades again the service of his sentence, the period of prescription that has run in his favor should be taken into account
When is the prescription of penalty applicable?
applies only to those who are convicted by final judgment and are serving sentence which consists in deprivation of liberty
Does the evasion of service of sentence, being a crime itself, interrupts the running of the period of prescription of penalties?
No, because evasion of service of sentence, a requisite in the prescription of penalties, must necessarily take place before the running of period of prescription and cannot interrupt it
