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Art. 89. How criminal liability is totally extinguished. Criminal liability is totally

extinguished:

(1) y the death o! the con"ict# as to the $ersonal $enalties and as to $ecuniary $enalties#

liability there!or is extinguished only when the death o! the o!!ender occurs be!ore !inal

%udgment.

Extinguishment of criminal liability is a ground of motion to quash

Criminal liability whether before or after final judgment is extinguished upon death because it

is a personal penalty

Pecuniary penalty is extinguished only when death occurs before final judgement.

The death of the offended party however does not extinguish criminal liability of the accused

because it is a crime against the state.

(&) y ser"ice o! the sentence

Crime is a debt, hence extinguished upon payment

ervice does not extinguish civil liability

!mnesty " is an act of the sovereign power granting oblivion or general pardon. #t wipes all

traces and vestiges of the crime but does not extinguish civil liability.

(') y absolute $ardon

Pardon " an act of grace proceeding from the power entrusted w$ the execution of laws, which

exempts the individual from the punishment the law inflicts for the crime.

A*+,- A/0

Extended to classes of persons who may beguilty of political offenses Exercised individually by the president

Exercised even before trial or investigation Exercised when one is convicted

%oo&s bac&ward and abolishes the offense itself %oo&s forward and relieves the offender of theconsequences

'oes not extinguish civil liability ame

! public act that needs the declaration of thepresident with the concurrence of Congress ! private act of the president

Courts should ta&e judicial notice (ust be pleaded and proved

(2) y $rescri$tion o! the crime

)hen the crime prescribes, the state loses the right to prosecute

Prescription of a crime " is the loss$forfeiture of the right of the state to prosecute the

offender after the lapse of a certain time.

(3) y $rescri$tion o! the $enalty

means the loss$forfeiture of the right of government to execute the final sentence after the

lapse of a certain time. Conditions* there must be final judgement and the period has elapsed.

(4) y the marriage o! the o!!ended woman# as $ro"ided in Art '22 o! this Code

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Art. 95. rescri$tion o! crime. Crimes $unishable by death# reclusion $er$etua or

reclusion tem$oral shall $rescribe in twenty years.

Crimes $unishable by other a!!licti"e $enalties shall $rescribe in !i!teen years.

,hose $unishable by a correctional $enalty shall $rescribe in ten years6 with the exce$tion o!

those $unishable by arresto mayor# which shall $rescribe in !i"e years.

,he crime o! libel or other similar o!!enses shall $rescribe in one year.

,he crime o! oral de!amation and slander by deed shall $rescribe in six months.

7ight o!!enses $rescribe in two months.

hen the $enalty !ixed by law is a com$ound one# the highest $enalty shall be made the basis

o! the a$$lication o! the rules contained in the !irst# second and third $aragra$hs o! this

article. (As amended by /A 2441# a$$ro"ed une 19# 1944.)

#n computing for the period, the first day is excluded and the last day included. ubject to leap

years

)hen the last day of the prescriptive period falls on a unday or a legal holiday, the info can no

longer be filed the ff day

imple slander prescribes in + months and grave slander in months

ince destierro is a correctional penalty, it prescribes in - years. !fflictive penalties, -/ years.

#f compound penalty, basis will be the highest penalty

#f fine is an alternative penalty 0imposed together w$ a penalty lower than the fine1, fine shall

be the basis

Prescription begins to run from the discovery thereof. #nterrupted when proceedings are

instituted and shall begin to run again when the proceedings are dismissed.

#f an accused fails to move to quash before pleading, he is deemed to have waived all

objections.

Prescription does not ta&e away the court2s jurisdiction but only absolves the defendant and

acquits him.

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Art. 91. Com$utation o! $rescri$tion o! o!!enses. ,he $eriod o! $rescri$tion shall

commence to run !rom the day on which the crime is disco"ered by the o!!ended $arty# the

authorities# or their agents# and shall be interru$ted by the !iling o! the com$laint or

in!ormation# and shall commence to run again when such $roceedings terminate without the

accused being con"icted or acuitted# or are un%usti!iably sto$$ed !or any reason not

im$utable to him.,he term o! $rescri$tion shall not run when the o!!ender is absent !rom the hili$$ine

Archi$elago.

#f there is nothing concealed 0appears in a public document1, the crime commences to run on

the date of the commission

Period of prescription for crimes that is continuing never runs

Crime needs to be discovered by*

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a1 offended party

b1 authorities

c1 their agents

#f a person witnesses the crime but only tells the authorities +/ years later, prescription

commences on the day the authorities were told.

What interrupts prescription?

a1 preliminary examination or investigation w$c is similar to judicial proceeding

b1 filing the proper complaint w$ the fiscal2s office and the prosecutor. Police not included.

c1 3iling complaint with the court that has proper jurisdiction

)hen the period commences to run again

a1 )hen the proceeding is terminated without the accused being convicted or acquitted

b1 )hen the proceeding is unjustifiably stopped for a reason not imputable to the offender

4when such proceedings terminate5 " termination that is final6 an unappealed conviction or

acquittal

4unjustifiably stopped for any reason5 " example* accused evades arrest, proceedings must be

stopped

!rt 7- applies to a special law when said law does not provide for the application but only

provides for the period of prescription

Art. 9&. hen and how $enalties $rescribe. ,he $enalties im$osed by !inal

sentence $rescribe as !ollows:

1. 0eath and reclusion $er$etua# in twenty years6

&. ther a!!licti"e $enalties# in !i!teen years6

'. Correctional $enalties# in ten years6 with the exce$tion o! the $enalty o! arresto

mayor# which $rescribes in !i"e years6

2. 7ight $enalties# in one year. 8ote that final sentence must be imposed

#f a convict can avail of mitigating circumstances and the penalty is lowered, it is still the

original penalty that is used as the basis for prescription. 9owever, if the convict already serves

a portion of his sentence and escapes after, the penalty that was imposed 0not the original1 shall

be the basis for prescription

3ines less than + fall under light penalty. Those above are correccional.

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Art. 9'. Com$utation o! the $rescri$tion o! $enalties. ,he $eriod o! $rescri$tion

o! $enalties shall commence to run !rom the date when the cul$rit should e"ade the ser"ice

o! his sentence# and it shall be interru$ted i! the de!endant should gi"e himsel! u$# be

ca$tured# should go to some !oreign country with which this ;o"ernment has no extradition

treaty# or should commit another crime be!ore the ex$iration o! the $eriod o! $rescri$tion.

*lements:

a1 penalty is final

b1 convict evaded the sentence

c1 convict has not given himself up

d1 penalty has prescribed because of lapse of time from the date of the evasion of the service

of the sentence

#nterruption of the period

#f the defendant surrenders

#f he is captured

#f he should go into a foreign country with which the Philippines has no extradition

treaty

#f he should commit another crime before the expiration of the period of prescription

!cceptance of a conditional pardon0People v. Puntilos)

#f a government has an extradition treaty w$ the country to w$c a convict escaped and the

crime is not included in the treaty, the running of the prescription is interrupted entence evasion clearly starts the running of the prescription. #t does not interrupt it.

!cceptance of the conditional pardon interrupts the prescriptive period.

:olito ;o case* since he was captured, he is only supposed to serve the remainder of his

sentence. :eason* during the period he escaped, his existence is one of fear and discomfort

Art. 92. artial *xtinction o! criminal liability. Criminal liability is extinguished

$artially:

1. y conditional $ardon6

&. y commutation o! the sentence6 and

'. incarcerated

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Prosecution under !rt. -/7

Commutation" change in the decision of the court by the chief regarding the

0-1 degree of the penalty6

0+1 by decreasing the length of the imprisonment or fine

Commutation allowed when:

a1 person over ? yrs old

b1 - justices fail to reach a decision affirming the death penalty

Consent not necessary in commutation

Prisoner is also allowed special time allowance for loyalty w$c is -$/ deduction of the period of

his sentence.

arole" consists in the suspension of the sentence of a convict after serving the minimum term ofthe indeterminate penalty, without granting pardon, prescribing the terms upon which the

sentence shall be suspended. #n case his parole conditions are not observed, a convict may be

returned to the custody and continue to serve his sentence without deducting the time that

elapsed.

C0=,=A7 A/0 A/7*

;iven after final judgement ;iven after service of the minimum penalty

;ranted by Chief Executive ;iven by the @d of Pardons and Parole

3or violation, convict may not be prosecutedunder -/7

3or violations, may be rearrested, convict servesremaining sentence

A Good conduct allowance during

confinement

'eduction for the term of sentence for good behavior

Art. 93. bligation incurred by $erson granted conditional

$ardon. Any $erson who has been granted conditional $ardon shall incur the obligation o!

com$lying strictly with the conditions im$osed therein otherwise# his non>com$liance with

any o! the conditions s$eci!ied shall result in the re"ocation o! the $ardon and the $ro"isions

o! Article 139 shall be a$$lied to him.

Condition of pardon is limited to unserved portion of the sentence, unless an intention to

extend it beyond the time is manifest

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Art. 94. *!!ect o! commutation o! sentence. ,he commutation o! the original

sentence !or another o! a di!!erent length and nature shall ha"e the legal e!!ect o!

substituting the latter in the $lace o! the !ormer.

Art. 9?. Allowance !or good conduct. ,he good conduct o! any $risoner in any

$enal institution shall entitle him to the !ollowing deductions !rom the $eriod o! his sentence:

1. 0uring the !irst two years o! his im$risonment# he shall be allowed a deduction o!

!i"e days !or each month o! good beha"ior6

&. 0uring the third to the !i!th year# inclusi"e# o! his im$risonment# he shall be allowed

a deduction o! eight days !or each month o! good beha"ior6

'. 0uring the !ollowing years until the tenth year# inclusi"e# o! his im$risonment# he

shall be allowed a deduction o! ten days !or each month o! good beha"ior6 and

2. 0uring the ele"enth and successi"e years o! his im$risonment# he shall be allowed a

deduction o! !i!teen days !or each month o! good beha"ior.

!llowance for good conduct not applicable when prisoner released under conditional pardon. ;ood conduct time allowance is given in consideration of good conduct of prisoner while he is

serving sentence.

Allowances !or ;ood conduct $er year

-ears Allowance

3irst + years / days per month of good behavior

Brdto /thyears days per month of good behavior

3ollowing years up to -thyear - days per month of good behavior

--thyear and successive years -/ days per month of good behavior

Art. 98. +$ecial time allowance !or loyalty. A deduction o! one>!i!th o! the $eriod

o! his sentence shall be granted to any $risoner who# ha"ing e"aded the ser"ice o! his

sentence under the circumstances mentioned in article 38 o! this Code# gi"es himsel! u$ to

the authorities within 28 hours !ollowing the issuance o! a $roclamation announcing the

$assing away o! the calamity or catastro$he to in said article.

pecial time allowance for loyalty of prisoners*

The article applies only to prisoners who escaped

deduction of -$/ of the period of sentence of prisoner who having evaded the service

of his sentence during the calamity or catastrophe mentioned in !rt -/, gives himself up

to the authorities w$in D hrs ff the issuance of the proclamation by the President

announcing the passing away of the calamity or catastrophe

deduction based on the original sentence and not on the unexpired portion

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!rt -/ provides for increased penalties*

" a convict who has evaded the service of his sentence by leaving the penal institution on the

occasion of disorder resulting from conflagration, earthqua&e or similar catastrophe or during

mutiny in which he did not participate is liable to an increased penalty 0-$/ of the time still

remaining to be served " not to exceed months1, if he fails to give himself up to the authorities

w$in D hrs ff the issuance of a proclamation by the President announcing the passing away of the

calamity.

Art. 99. ho grants time allowances. hene"er law!ully %usti!ied# the 0irector o!

risons shall grant allowances !or good conduct. +uch allowances once granted shall not be

re"o@ed.

a1 authority to grant time allowance for good conduct is exclusively vested in the 'ir 0e.g.provincial warden cannot usurp 'irector2s authority1

b1 it is not an automatic right and once granted, cannot be revo&ed by him

C==7 7=A=7=,-

& classes:

a) social in%ury" produced by disturbance and alarm w$c are the outcome of the offense

b) $ersonal in%ury" caused by the victim who may have suffered damage, either to his person,

property, honor or chastity

Art. 155. Ci"il liability o! a $erson guilty o! !elony. *"ery $erson criminally liable

!or a !elony is also ci"illy liable.

asis:

obligation to repair or to ma&e whole the damage caused to another by reason of an act or

omission, whether done intentionally or negligently and whether or not punishable by law

0ual character o! the crime as against:

a1 the state because of the disturbance of peace and order

b1 the private person injured unless it involves the crime of treason, rebellion, espionage,

contempt and others where no civil liability arises on the part of the offender either because

there are no damages or there is no private person injured by the crime

0amage that may be reco"ered in criminal cases:

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Crimes against persons, li&e crime of physical injuries " whatever he spent for treatment of

wounds, doctor2s fees, medicines as well as salary or wages unearned

(oral 'amages* seduction, abduction, rape or other lascivious acts, adultery or concubinage,

illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of

defamation, malicious prosecution

Exemplary 'amages* imposed when crime was committed with one or more aggravating

circumstances

a1 #f there is no damage caused by the commission of the crime, offender is not civilly liable

b1 'ismissal of the info or the crime action does not affect the right of the offended party to

institute or continue the civil action already instituted arising from the offense, because such

dismissal does not carry with it the extinction of the civil one.

c1 )hen accused is acquitted on ground that his guilt has not been proven beyond reasonable

doubt, a civil action for damages for the same act or omission may be instituted

d1 Exemption from criminal liability in favor of an imbecile or insane person, and a person

under 7 yrs, or over 7 but under -/ who acted w$ discernment and those acting under the impulse

of irresistible force or under the impulse of an uncontrolable fear of an equal or greater injury

does not include exemption from civil liability.

e1 !cquittal in the crim action for negligence does not preclude the offended party from filing

a civil action to recover damages, based on the theory that the act is quasi>delict

f1 )hen the court found the accused guilty of crim negligence but failed to enter judgement

of civil liability, the private prosecutor has a right to appeal for the purposes of the civil liability

of the accused. The appellate court may remand the case to the trial court for the latter to

include in its judgement the civil liability of the accused

g1 @efore expiration of the -/>day of for appealing, the trial court can amend the judgement of

conviction by adding a provision for the civil liability of the accused, even if the convict has

started serving the sentence.

h1 !n independent civil action may be brought by the injured party during the pendency of the

criminal case provided the right is reserved. :eservation is necessary in the ff cases*

-. any of the cases referred to in !rt B+ 0perpetual or temporary disqualification for exercise of

the right of suffrage1

+. defamation, fraud and physical injury 0bodily injury and not the crime of physical injury1

B. civil action is against a member of a city or municipal police force for refusing or failing to

render aid or protection to any person in case of danger to life or property

D. in an action for damage arising from fault or negligence and there is no pre>existing

contractual relation between the parties 0quasi>delict1

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i1 Prejudicial uestion " one w$c arises in a case, the resolution of which is a logical

antecedent of the issue involved in said case and the cogniFance of which pertains to another

tribunal.

3or the principle to apply, it is essential that there be + cases involved, a civil and a criminal

case. Prejudicial questions may be decided before any criminal prosecution may be instituted or

may proceed.

!n independent civil action may be brought by the injured party during the pendency of the

criminal case, provided that the right is reserved

Extinction of the penal action does not carry with it the extinction of the civil, unless the

extinction proceeds from a declaration in a final judgement that the fact from which the civil

might arise did not exist