Title IV. Chapter 2- Partial Extinction of Criminal Liability

Question 1

How are criminal liability partially extinguished?

Answer 1

(1) by conditional pardon
(2) by commutation of sentence
(3) for good conduct allowances which culprit may earn while he is undergoing preventive imprisonment or serving his sentence

Question 2

Define Conditional Pardon

Answer 2

exemption of an individual, w/in certain limits/ conditions, from the punishment which the law inflicts for the offense he had committed resulting in partial extinction of his criminal liability

Question 3

Nature of conditional pardon; conditions usually imposed

Answer 3

once delivered and accepted, it is considered a contract between the sovereign power of the executive and the convict that the former will release the latter upon compliance with the condition

he shall not again violate any of the penal laws of the Philippines

Question 4

Define Commutation of Sentence

Answer 4

refers to the reduction of the duration of a prison sentence of a prisoner

a change of the decision of the court made by the Chief Executive (1) by reducing the degree of penalty inflicted upon the convict; or (2) by decreasing the length of imprisonment/ the amount of the fine

Question 5

What are the specific cases where commutation is provided for by the Code?

Answer 5

(1) when the convict sentenced to death penalty is over 70 years of age (art. 83)
(2) when 8 justices of the SC fail to reach a decision for the affirmance of the death penalty

Question 6

Is the consent of the offender necessary in commutation of sentence?

Answer 6

no, the public welfare, not his consent, determines what shall be done

Question 7

Define allowances for good behaviour

Answer 7

deductions from the term of the sentence for good behaviour

this is different from that provided in Art. 29 which is an extraordinary reduction of the PI from term of sentence

Art. 98: a prisoner is entitled to special time allowance for loyalty

Question 8

Define Parole

Answer 8

conditional release of an offender from a correctional institution after he has served the minimum of his prison sentence

consists in the suspension of sentence after serving minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended

Question 9

What are the reports to be submitted on Parolee/ Pardonee

Answer 9

(1) Progress Report
- -submitted by Probation and Parole Officer to the Board of Pardons and Parole
- - parolee/ pardonee commits another offense during period of his parole surveillance, and case filed against him has not yet been decided by the court

(2) Infraction Report
- - submitted by P&P officer
- - violations committed by a parolee/ pardonee of the conditions of his release on parole or conditional pardon while under supervision

Question 10

When may be a parolee/ pardonee be ordered arrested/ recommitted?

Answer 10

upon receipt of an infraction report by the board
– if recommitted, serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison

Question 11

Is conviction necessary to revoke parole?

Answer 11

mere commission of any crime is sufficient to warrant parolee’s arrest and reincarceration

Question 12

Conditional Pardon vs Parole

Answer 12

C– given at any time after final judgment
P– given after the prisoner has served the minimum penalty

C– granted by the Chief Executive under the Administrative Code
P– granted by the Board of Pardon and Parole under the provision of Indeterminate Sentence law

C– violation of such, convict may be ordered rearrested/ reincarcerated by Chief Executive, or prosecuted under Art. 159
P– violation of such, cannot prosecuted under Art 159, can be rearrested and reincarcerated to serve the unserved portion of original penalty

Question 13

Rules regarding the obligation incurred by a person granted conditional pardon

Answer 13

(1) he must comply strictly with the conditions imposed in the pardon
(2) failure to comply with the conditions shall result in the revocation of the pardon; under sec. 64 (i), R.A.C, chief executive may order his arrest and reincarceration
(3) he becomes liable under Art. 159; this is a judicial remedy

** condition of pardon is limited to the unserved portion of the sentence, unless an intention to extend it beyond that time is manifest

Question 14

What is the effect of commutation of sentence?

Answer 14

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 15

Rules for allowance of good conduct

Answer 15

Deductions from the period of sentence:

(1) first 2 years of imp – 20 days for each month of good behaviour during detention
(2) 3rd to 5th year – 23 days
(3) 6th to 10th year – 25 days
(4) 11th and up – 30 days
(5) additional deduction of 15 days for each month of study, teaching, or mentoring service time rendered during imp
(6) an appeal shall not deprive him of entitlement to the said allowances

Question 16

Is allowance for good conduct given while prisoner is released under conditional pardon?

Answer 16

No, because the good conduct time allowance is given in consideration of the good conduct behaviour observed by the prisoner while serving his sentence

Question 17

What is a special time allowance for loyalty of prisoner? deduction; basis for deduction; applicability

Answer 17

a deduction in the period of the sentence of a prisoner who

(1) having evaded the service of his sentence during the calamity or catastrophe mentioned in art 158, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of such event, or who
(2) chose to stay in the place of confinement notwithstanding the existence of the calamity or catastrophe

(1) deduction of 1/5 of the period of his sentence shall be granted
(2) deduction of 2/5 of the period of his sentence shall be granted

basis for deduction is the original sentence

apply to any prisoner, whether undergoing preventive imprisonment or serving sentence

Question 18

What is does art 158 provides?

Answer 18

a convict who evaded sentence on the occasion of disorder resulting from conflagration, earthquake, explosion or similar catastrophe or during a mutiny which he did not participate, fails to give himself up to the authorities within 48 hours from clearing of event
–liable to an increased penalty equivalent to 1/1 of time still remained to be served, without exceeding 6 months

Question 19

Who grants time allowance?

Answer 19

(1) Director of Bureau of Corrections
(2) Chief of the BJMP
(3) Warden of a provincial, district, municipal, or city jails

Question 20

3 government agencies that currently have supervision over prisoners and jails

Answer 20

(1) Bureau of Corrections
- - under DOJ
- - has supervision and control over their prison facilities that house national prisoners or those serving prison terms more than 3 years

(2) Provincial government
- - has supervision and control over provincial jails that house provincial prisoners/ those serving prison terms more than 6 months to 3 years

(3) Bureau of Jail Management and Penology (BJMP)
- - under the DILG
- -has jurisdiction over all city, municipal, and district jails that house municipal prisoners/ those serving prison terms of 1 day to 6 months in municipal jails and not more 3 years in city jails

Question 21

Is an allowance for good conduct an automatic right?

Answer 21

no

*once granted, cannot be revoked