Professional Documents
Culture Documents
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.
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.
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 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
Purpose of ISL
(1) To uplift and redeem valuable human material and prevent
unnecessary and excessive jurisdiction of personal liberty and
economic usefulness.
ISL does not apply to destierro. ISL is expressly granted to those who are
sentenced to imprisonment exceeding 1 year.
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.
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)