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Extinction of criminal liabilities, A89-99 Revised Penal Code

1. Total Extinction of Criminal Liability

a. How criminal liability is totally extinguished

Article 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to 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 Article 344 of this Code.

(Revised Penal Code)

b. Prescription of crime

Article 90. Prescription of crime. – Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe in one year.
The crime of oral defamation and slander by deed shall prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. (As amended by RA 4661, approved June 19, 1966).

(Revised Penal Code)

1) Computation of prescription of offenses

Article 91. Computation of prescription of offenses. – The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

(Revised Penal Code)

c. Prescription of penalties

1) When and how penalties prescribe

Article 92. When and how penalties prescribe. – The penalties imposed by final sentence prescribe as follows:
1. … reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years;
4. Light penalties, in one year.

(Revised Penal Code)

NB: R.A. 9346 (2006) prohibited the imposition of the death penalty.

PenaltyPrescription
Reclusion perpetua20 years
Other afflictive penalties15 years
Correctional penalties10 years
Except: Arresto mayor ­– 5 years
Light penalties1 year

2) Computation of the prescription of penalties

Article 93. Computation of the prescription of penalties. – The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription.

The prescription of penalties commences to run from the date when the culprit should evade the service of his sentence.

3) Interruption of prescription

However, the running of the prescription shall be interrupted if the defendant should:

1) Give himself up,

2) Be captured,

3) Go to some foreign country with which this Government has no extradition treaty, or

4) Commit another crime before the expiration of the period of prescription. (REVISED PENAL CODE, Article 93)

2. Partial extinction of criminal liability

Article 94. Partial Extinction of criminal liability. – Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.

(Revised Penal Code)

a. Conditional pardon

1) Obligation incurred by person granted conditional pardon

Article 95. Obligation incurred by person granted conditional pardon. – Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.

(Revised Penal Code)

b. By commutation of the sentence; and

1) Effect of commutation

Article 96. Effect of commutation of sentence. – The 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.

(Revised Penal Code)

c. Good conduct allowances

Article 97. Allowance for good conduct. – The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behaviour.

(Revised Penal Code)

1) Special time allowance for loyalty

Article 98. Special time allowance for loyalty. – A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.

(Revised Penal Code)

2) Who grants time allowances

Article 99. Who grants time allowances. – Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked.

(Revised Penal Code)

References

Chapter 4 – Application of Penalties, Title III, Book I Act No. 3815, Revised Penal Code

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