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EXTINCTION OF CRIMINAL LIABILITY

Two kinds of extinguishment of criminal liability:

A. TOTAL EXTINGUISHMENT

1) By prescription of crime
 Definition: The forfeiture or loss of the right of the State to prosecute the
offender, after the lapse of a certain period of time.
 General Rule: Prescription of the crime begins on the day the crime was
committed.
 Exception: The crime was concealed, not public, in which case, the prescription
thereof would only commence from the time the offended party or the
government learns of the commission of the crime.

2) By prescription of penalty (Art. 92)


 Definition: The loss or forfeiture of the right of the government to execute the
final sentence after the lapse of a certain period of time.
 Prescriptive Periods of Penalties
 Death and reclusion  20 years
perpetua  15 years
 Other afflictive penalties  10 years
 Correctional penalties  5 years
 Note: If arresto mayor  1 year
 Light penalties

 Computation of Prescription of Penalties (Art. 93)


 Elements:
1. Penalty is imposed by final judgment
2. Convict evaded service of sentence by escaping during the term of his
sentence
3. The convict who has 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. The penalty has prescribed because of the lapse of time from the date
of the evasion of service of the sentence by the convict.
 Period commences to run from the date when the culprit evaded 1 the
service of sentence
 When interrupted:
1. Convict gives himself up
2. Is captured
3. Goes to a foreign country with which we have no extradition treaty

3) By the death of the convict


4) By Service of sentence
5) By Amnesty
 An act of the sovereign power granting oblivion or general pardon for a past
offense.
 The effects of amnesty as well as absolute pardon are not the same. Amnesty
erases not only the conviction but also the crime itself.
 If an offender was convicted for rebellion and he qualified for amnesty, and so
he was given an amnesty, then years later he rebelled again and convicted, is
he a recidivist?
◦ No. Because the amnesty granted to him erased not only the conviction but
also the effects of the conviction itself.

Difference between Amnesty and Absolute Pardon

Blanket pardon to classes of Includes any crime and is


persons, guilty of political offenses exercised individually
May still be exercised before trial The person is already convicted
or investigation
Looks backward- it is as if he has Looks forward- he is relieved from
committed no offense the consequences of the offense,
but rights not restored unless
explicitly provided by the terms of
the pardon
Both do not extinguish civil liability
Public act which the court shall Private act of the President and
take judicial notice of must be pleaded and proved by
the person pardoned
Valid only when there is final Valid if given either before or after
judgment final
judgment

6) By Absolute Pardon (by the Chief Executive)


 An act of grace, proceeding from the power entrusted with the execution of the
laws. Exempts the individual from the penalty of the crime he has committed.

 Monsanto v Factoran (1989):


1. Absolute pardon does not ipso facto entitle the convict to reinstatement to
the public office forfeited by reason of his conviction.
2. Although pardon restores his eligibility for appointment to that office, the
pardoned convict must reapply for a new appointment.

 Effects of Pardon of the President


 (1) A pardon shall not restore the right to hold public office or the right of
suffrage. Exception: When any or both such rights is or are expressly
restored by the terms of thepardon.
 (2) It shall not exempt the culprit from the payment of the civil indemnity.
The pardon cannot make an exception to this rule.

 Limitations upon the exercise of pardoning power


 (1) That the power can be exercised only after conviction.
a. Thus in applying for pardon, the convict must not appeal the
judgment of conviction or the appeal must be abandoned.
 (2) That such power does not extend to cases of impeachment. (Cristobal v.
Labrador).

Pardon by the Chief Executive Pardon by the offended party


Extinguishes the criminal liability of the Does not extinguish criminal liability.
offender. Although it may constitute a bar to the
prosecution of the: (1) crimes of
seduction, abduction and acts of
lasciviousness by the valid marriage of
the offended party and the
offender; and (2) in adultery and
concubinage, by the express or implied
pardon by the offended spouse.
Cannot include civil liabilities which the The offended party can waive the civil
offender must pay. liability which the offender must pay.
Conditional or Absolute Cannot be Conditional
Granted only after the conviction Pardon should be given before the
institution of the criminal prosecution

7) By the marriage of the offended woman and the offender in the crimes of
rape, abduction,
seduction and acts of lasciviousness. (Art. 344)
 Art. 23. Effect of pardon by the offended party. — A pardon of the offended
party does not extinguish criminal action except as provided in Article 344 of
this Code; but civil liability with regard to the interest of the injured party is
extinguished by his express waiver.

B. PARTIAL EXTINGUISHMENT

1) By Conditional Pardon
 If delivered and accepted, it is a contract between the executive and the
convict that the former will release the latter upon compliance with the
condition. One usual condition is “not again violate any of the penal laws of the
country”.

2) By Commutation of sentence
3) For good conduct, allowances which the culprit may earn while he is
serving sentence
 ALLOWANCE FOR GOOD CONDUCT
 First 2 years – 20 days for each month
 3rd – 4th year – 23 days for each month
 After 5th year – 25 days fro each month

 In cases of calamity, when the convict escapes but returns to jail, a deduction
of 1/5 of the sentence is applicable. However, in cases where the convict does
not leave, a deduction of 2/5 is given.
4) By Parole
 Conditions of Parole
 Section 6: Duty of the prisoner released under this Code: Report personally
to such government officials or other parole officers appointed by the Board
for a period of surveillance equivalent to the remaining portion of the
maximum sentence imposed upon him or until final release by the Board. If
it is shown that he is a law-abiding citizen and did not violate any laws of
the country, the Board may issue a final certificate of release which will
entitle him to final release and discharge.

 Hence, the CONDITIONS OF PAROLE are as follows:


1) Has served the minimum
2) Fitted for release
3) Society welfare over and above the welfare of an individual concern of
the state
4) Law abiding
5) In cases when there is a pendency of another case, parole could not
be granted (ADONIS v CESSERO)

 Section 8: Violations of the conditions of the parole: If he/she violates any


of the conditions of the parole, the Board may issue his warrant of arrest. If
captured/arrested, he shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed unless a new
parole was granted.

5) By Probation
 PROBATION LAW (P.D. 968, as amended)
 Purposes:
 Promote the correction and rehabilitation of an offender by providing him
with individualized treatment
 Provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence
 Prevent the commission of offences

 Meaning (Sec. 3)
 Probation – is a disposition under which a defendant, after conviction and
sentence, is released subject to conditions imposed by the court and to
the supervision of a probation officer
 Probationer – means a person placed under probation
 Probation officers – means one who investigates for the court a referral
for probation or supervises a probationer or both

 What are the criteria for placing an offender on probation?


 In determining whether an offender may be placed on probation, the
court shall consider all information relative to the character antecedents,
environment, mental and physical condition of the offender, and
available institutional and community resources

 What are the cases that application for probation be denied by the
court?
 The offender is in need of correctional statement that can be provided
most effectively by his commitment to an institution
 There is an undue risk that during the period of probation the offender
will commit another crime
 Probation will depreciate the seriousness of the offense committed

 Who are the offenders that cannot benefit this probation system
 The benefits shall not be extended to those:
1) Sentence to serve a maximum imprisonment of more than 6 years
2) Convicted of subversion or any crime against the national security or
the public order
3) Who have previously been convicted by final judgement of an offense
punished by imprisonment of not less than one 1 month and 1 day
and or a fine of not more than P200
4) Who have been once on probation under the provisions of this decree
5) Who are already serving sentence at the time the substantive
provisions of this decree became applicable

 When probation is granted what are the conditions of probation


being issued by the court?
1) Present himself to the probation officer designated to undertake his
supervision at such place as may be specified in the order within 72
hours from the receipt of said order
2) Report to the probation officer at least once a month at such time and
place as specified by said officer

 What other matters may the court require the probationer?


1) Cooperate with a program of supervision
2) Meet his family responsibilities
3) Devote himself to a specific employment and not to change said
employment without the prior written approval of the probation
officer
4) Undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specific institution, when
required for that purpose
5) Pursue a prescribed secular study or vocational training
6) Attend or reside in a facility established for instruction, recreation or
residence of persons on probation
7) Refrain from visiting houses of ill-repute
8) Abstrain from drinking intoxicating beverages to excess
9) Permit the probation officer or an authorized social worker to visit his
home and place of work
10) Satisfy any other condition related to rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible
with his freedom of conscience

 What is the period of probation? termination?


 The final discharge of the probationer shall operate to restore to him all
civil rights lost or suspended as a result of his conviction and to fully
discharge his liability for any fine imposed as to the offense for which
probation was granted

Indeterminate Sentence Law (R.A. 4013, as amended)


-is the imposition of an indeterminate sentence which is composed of a
Minimum and a Maximum term. It is intedeterminate in the sense that after
serving the minimum, the convict may be released on parole, or if not fitted for
release, he shall continue serving his sentence until the end of the Maximum.

The Indeterminate Sentence (ISL) is composed of:


(1) A MAXIMUM taken from the penalty imposable under the penal code
(considering attendant circumstances)
(2) A MINIMUM taken from the penalty next lower to that fixed in the code.
GAYRAMMA RULE
-special aggravating
-basis of going down by one degree
GONZALES RULE
-going down by one whole degree

When ISL is applicable

PROCEDURE FOR DETERMING THE MAXIMUM & MINIMUM SENTENCE


(1) It consists of a maximum and a minimum instead of a single fixed penalty.
(2) Prisoner must serve the minimum before he is eligible for parole.
(3) The period between the minimum and maximum is indeterminate in the
sense that the prisoner may be exempted from serving said indeterminate period
in whole or in part.
(4) The maximum is determined in any case punishable under the RPC in
accordance with the rules and provisions of said code exactly as if the ISL had
never been enacted.
(5) Apply first the effect of privileged mitigating circumstances then consider the
effects of aggravating and ordinary mitigating circumstances.
(6) The minimum depends upon the court‘s discretion with the limitation that it
must be within the range of the penalty next lower in degree to that prescribed
by the Code for the offense committed.

When ISL cannot apply be made applicable:

The law does not apply to certain offenders:


(1) Persons convicted of offense punished with death penalty or life imprisonment
(or reclusion perpetua).
(2) Those convicted of treason, conspiracy or proposal to commit treason.
(3) Those convicted of misprision of treason, rebellion, sedition or espionage.
(4) Those convicted of piracy.
(5) Those who are habitual delinquents (but applies to recidivists).
(6) Those who shall have escaped from confinement or evaded service of
sentence.
(7) Those who violated the terms of conditional pardon granted to them by the
Chief Executive.
(8) Those whose maximum term of imprisonment does not exceed one year.
(9) Those who, upon the approval of the law, had been sentenced by final judgment.

Purpose of ISL
(1) To uplift and redeem valuable human material and prevent
unnecessary and excessive jurisdiction of personal liberty and
economic usefulness.

(2) It is intended to favor the accused particularly to shorten his


term of imprisonment , depending upon his behavior and his
physical, mental and moral record as a prisoner to be determined
by the Board of Indeterminate Sentence

 ISL does not apply to destierro. ISL is expressly granted to those who are
sentenced to imprisonment exceeding 1 year.

Subsidiary Imprisonment

Subsidiary penalty – it is personal liability to be suffered by the convict who has no


property with which to meet the fine at the rate of one day for each P8, subject to the
rules provided for in Articles 39.

 An accused cannot be made to undergo subsidiary imprisonment in case of


insolvency to pay the fine imposed upon him when the subsidiary imprisonment is
not imposed in the judgment of conviction. (Ramos v. Gonong)

 A convict who has property not exempt from execution sufficient enough to meet
the fine cannot choose to serve the subsidiary penalty.

 Subsidiary imprisonment is not an accessory penalty.

Rules as to subsidiary imprisonment:

(1) If the penalty imposed is prision correcccional or arresto and fine – subsidiary
imprisonment not to exceed 1/3 of the term of the sentence, and in no case to continue
for more than 1 year. Fraction or part of the day not counted.
(2) When the penalty imposed is fine only – subsidiary imprisonment, not to
exceed 6 months, if the culprit is prosecuted for grave or less grave felony, and not to
exceed 15
days, if prosecuted for light felony.
(3) When the penalty imposed is higher than prision correccional – no subsidiary
imprisonment.
(4) If the penalty imposed is not to be executed by confinement, but of fixed
duration – subsidiary penalty shall consist in the same deprivations as those of the
principal penalty, under the same rules as in Nos. 1, 2 and 3 above.
(5) In case the financial circumstances of the convict should improve, he shall pay
the fine, notwithstanding the fact that the convict suffered subsidiary penalty thereof.

No subsidiary penalty in the following cases:


(1) When the penalty imposed is higher than prision correccional. (Art. 39 par.
(2) For failure to pay the reparation of the damage caused, indemnification of the
consequential damages, and the costs of the proceedings.
(3) When the penalty imposed is fine and a penalty not to be executed by confinement in
a penal institution and which has no fixed duration.

Civil Interdiction
 Civil interdiction shall deprive the offender during the time of his sentence of the
rights of parental authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property and of the right
to dispose of such property by any act or any conveyance inter vivos. (Art. 34)

 Effects: Deprivation of the following rights:


(1) Parental authority
(2) Guardianship over the ward
(3) Marital authority
(4) Right to manage property and to dispose of the same by acts inter vivos.
(Note: The convict can still dispose his property mortis causa).

 Civil interdiction is an accessory penalty to the following principal penalties:


(1) Death if commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal

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