Title IV. Chapter 1- Total Extinction of Criminal Liability

Question 1

How is criminal liability extinguished?

Answer 1

(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

Question 2

Does extinction of criminal liability automatically extinguished civil liability?

Answer 2

no

Question 3

Causes of extinction of criminal liability vs. Cause of justification/ exemption

Answer 3

(1) arise after commission of offense

(2) arise from circumstances existing either before/ at the moment of its commission

Question 4

Define Final Judgment

Answer 4

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

Question 5

Effect of death of accused pending appeal on his criminal and civil liability

Answer 5

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)

Question 6

Where must the action for recovery of damages be filed, when civil liability survives?

Answer 6

*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

Question 7

Is the right of the offended party to file a separate civil action lost by prescription when accused dies pending appeal?

Answer 7

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

Question 8

Will the death of offended party extinguish the criminal liability of the offender?Why or why not?

Answer 8

no, because the offense is committed against the State

Question 9

Concept of Service of sentence; does it extinguish civil liability?

Answer 9

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

Question 10

Define Amnesty; when granted; effects on liability

Answer 10

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

Question 11

Define Pardon; Kinds;

Answer 11

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

Question 12

Amnesty vs. pardon

Answer 12

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

Question 13

Define Prescription of Crime; Prescription of Penalty

Answer 13

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

Question 14

What are the 2 conditions necessary in prescription of penalty?

Answer 14

(1) that there be final judgment

(2) that the period of time prescribed by law for its enforcement has elapsed

Question 15

Effects of final discharge of probationer

Answer 15

(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

Question 16

Prescription of crimes

Answer 16

(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

Question 17

When should the running of prescriptive period commence?

Answer 17

from the day following the day on which the crime was committed/ discovered; or

first day excluded; last day included

Question 18

What is the rule when the last day of the prescriptive period falls on a sunday/ legal holiday?

Answer 18

the information can no longer be filed on the next day as the crime has already prescribed

Question 19

Rule regarding the prescription of oral defamation and slander by deed

Answer 19

simple slander – 2 months

grave slander – 6 months

Question 20

Prescription of crimes punishable by fines

Answer 20

(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

Question 21

What is the basis of prescription when fine is an alternative penalty higher than the other penalty which is imprisonment?

Answer 21

prescription of the crime is based on the fine

Question 22

What are the prescriptive periods of offenses punished under special laws and municipal ordinances? when shall it begin to run? When interrupted?

Answer 22

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

Question 23

May the defense of prescription be raised during the trial or appeal?

Answer 23

yes

Question 24

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?

Answer 24

no

Question 25

Does prescription divest court of jurisdiction?

Answer 25

no, it is a ground for acquittal of the accused

Question 26

Rules for the computation of prescription of offenses

Answer 26

(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

Question 27

What kind of termination of a criminal case is contemplated on Art. 91 of prescription of crimes?

Answer 27

refers to a termination that is final, as to amount a jeopardy that would bar a subsequent prosecution

beyond reconsideration

Question 28

When does prescription of election offenses begins?

Answer 28

(1) if discovery of offense is incidental to judicial proceedings
- - begins when such proceeding terminates

(2) otherwise,
- - from the date of commission of offense

Question 29

Can art. 91 be applied when special law provides for a prescriptive period?

Answer 29

Yes, if such law did not prescribe any rule for the application of that period

Question 30

When and how do penalties prescribe?

Answer 30

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

Question 31

Prescription of Crimes vs Prescription of Penalties

Answer 31

basis:
PoC – penalty prescribed by law shall be considered
PoP – penalty imposed should be considered

Question 32

Rules for the Prescription of Penalties

Answer 32

(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

Question 33

What are the elements for the prescription of penalties

Answer 33

(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

Question 34

Is the period of prescription of penalty that ran during the evasion forfeited upon his capture?

Answer 34

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

Question 35

When is the prescription of penalty applicable?

Answer 35

applies only to those who are convicted by final judgment and are serving sentence which consists in deprivation of liberty

Question 36

Does the evasion of service of sentence, being a crime itself, interrupts the running of the period of prescription of penalties?

Answer 36

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