MODES OF EXTINGUISHING CRIMINAL LIABILITY Art. 91. Computation of prescription of offenses.

— The period of
prescription shall commence to run from the day on which the crime is
Art. 89. How criminal liability is totally extinguished. — Criminal liability discovered by the offended party, the authorities, or their agents, and
is totally extinguished: shall be interrupted by the filing of the complaint or information, and
1. By the death of the convict, as to the personal penalties and as to shall commence to run again when such proceedings terminate without
pecuniary penalties, liability therefor is extinguished only when the the accused being convicted or acquitted, or are unjustifiably stopped
death of the offender occurs before final judgment for any reason not imputable to him.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its The term of prescription shall not run when the offender is absent from
effects; the Philippine Archipelago
4. By absolute pardon;
5. By prescription of the crime; Art. 92. When and how penalties prescribe. — The penalties imposed by
6. By prescription of the penalty; final sentence prescribe as follows:
7. By the marriage of the offended woman, as provided in Article 344 of 1. Death and reclusion perpetua, in twenty years;
this Code 2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty
Civil liability is extinguished only when death occurs before final of arresto mayor, which prescribes in five years;
judgment. 4. Light penalties, in one year

As a general rule, death of the accused pending appeal of his conviction Prescription of the crime
extinguishes his criminal liability as well as the civil liability based solely - Forfeiture or loss of the State to prosecute the offender after
on the offense committed. However, the claim for civil liability survives the lapse of a certain time.
notwithstanding the death of the accused, if the same may also be
predicated on a source of obligation other than delict. Prescription of the penalty
- Loss or forfeiture of the right of the Government to execute
The right of the offended party to file a separate civil action is not lost the final sentence after the lapse of a certain time.
by prescription when the accused dies pending appeal.
As a general rule, the prescriptive period is interrupted by the
2 Kinds of Pardon institution of proceedings for preliminary investigation against the
(1) Absolute accused. (Panaguiton v. DOJ, 2008) The exception is when the crime
(2) Conditional falls under the Rules on Summary Procedure. (Jadewell Parking v.
Lidua, 2013)
Amnesty Pardon
Blanket pardon to classes of Art. 93. Computation of the prescription of penalties. — The period of
Includes any crime and is
persons or communities who prescription of penalties shall commence to run from the date when the
exercised individually by the
may be guilty of political culprit should evade the service of his sentence, and it shall be
President
offenses. interrupted if the defendant should give himself up, be captured, should
May be exercised even before go to some foreign country with which this Government has no
Need for conviction
trial or investigation is had extradition treaty, or should commit another crime before the expiration
Looks forward and relieves the of the period of prescription.
Looks backward and abolished
offender from the consequence
and puts into oblivion the
of an offense of which he has Prescription of the penalty
offense itself
been convicted - Loss or forfeiture of the right of the Government to execute
Public act which the courts the final sentence after the lapse of a certain time.
Private act of the President
should take judicial notice of
Elements:
Art. 90. Prescription of crime. — Crimes punishable by death, reclusion (1) Penalty is imposed by final sentence;
perpetua or reclusion temporal shall prescribe in twenty years (2) Convict evaded the service of the sentence by escaping during
the term of his sentence;
Crimes punishable by other afflictive penalties shall prescribe in fifteen (3) That the convict who escaped from prison has not given
years.chanrobles virtual law library himself up, or been captured, or gone to a foreign country
with which we have no extradition treaty, or committed
Those punishable by a correctional penalty shall prescribe in ten years; another crime;
with the exception of those punishable by arresto mayor, which shall (4) That the penalty has prescribed, because of the lapse of time
prescribe in five years from the date of the evasion of the service of the sentence by
the convict.
The crime of libel or other similar offenses shall prescribe in one year.
Art. 94. Partial Extinction of criminal liability. — Criminal liability is
The crime of oral defamation and slander by deed shall prescribe in six extinguished partially:
months 1. By conditional pardon;
2. By commutation of the sentence; and
Light offenses prescribe in two months. 3. For good conduct allowances which the culprit may earn while he is
serving his sentence.
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 Art. 95. Obligation incurred by person granted conditional pardon.— Any
first, second and third paragraphs of this article. 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
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result in the revocation of the pardon and the provisions of Article 159
shall be applied to him. SEC. 9. Disqualified Offenders. — The benefits of this Decree shall not
be extended to those:
Art. 96. Effect of commutation of sentence. — The commutation of the “a. sentenced to serve a maximum term of imprisonment of more than
original sentence for another of a different length and nature shall have six (6) years;
the legal effect of substituting the latter in the place of the former.
“b. convicted of any crime against the national security;
Art. 97. Allowance for good conduct. — The good conduct of any
“c. who have previously been convicted by final judgment of an offense
prisoner in any penal institution shall entitle him to the following
punished by imprisonment of more than six (6) months and one (1) day
deductions from the period of his sentence:
and/or a fine of more than one thousand pesos (P1,000.00);
1. During the first two years of his imprisonment, he shall be allowed a
deduction of five days for each month of good behavior;
“d. who have been once on probation under the provisions of this
2. During the third to the fifth year, inclusive, of his imprisonment, he
Decree; and
shall be allowed a deduction of eight days for each month of good
behavior;
“e. who are already serving sentence at the time the substantive
3. During the following years until the tenth year, inclusive, of his
provisions of this Decree became applicable pursuant to Section 33
imprisonment, he shall be allowed a deduction of ten days for each
hereof.”
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 INDETERMINATE SENTENCE LAW
behavior.
INSERT ALL PRAYERS YOU KNOW HERE
Art. 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 PERSONS CRIMINALLY LIABLE
evaded the service of his sentence under the circumstances mentioned
in Article 58 of this Code, gives himself up to the authorities within 48 Art. 16. Who are criminally liable. — The following are criminally liable
hours following the issuance of a proclamation announcing the passing for grave and less grave felonies:
away of the calamity or catastrophe to in said article. 1. Principals.
2. Accomplices.
Art. 99. Who grants time allowances. — Whenever lawfully justified, the 3. Accessories.
Director of Prisons shall grant allowances for good conduct. Such
allowances once granted shall not be revoked The following are criminally liable for light felonies:
1. Principals
2. Accomplices.
PROBATION LAW

Subjects of the crime:

SEC. 4. Grant of Probation. — Subject to the provisions of this Decree, (1) Active subject
the trial court may, after it shall have convicted and sentenced a o May only be natural persons
defendant for a probationable penalty and upon application by said (2) Passive subject
defendant within the period for perfecting an appeal, suspend the o May be natural or juridical persons
execution of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best. No
Art. 17. Principals. — The following are considered principals:
application for probation shall be entertained or granted if the defendant
1. Those who take a direct part in the execution of the act;
has perfected the appeal from the judgment of conviction: Provided,
2. Those who directly force or induce others to commit it;
That when a judgment of conviction imposing a non-probationable
3. Those who cooperate in the commission of the offense by another act
penalty is appealed or reviewed, and such judgment is modified through
without which it would not have been accomplished.
the imposition of a probationable penalty, the defendant shall be allowed
to apply for probation based on the modified decision before such
decision becomes final. The application for probation based on the Requisites for Principals by Direct Participation:
modified decision shall be filed in the trial court where the judgment of (1) That they participated in the criminal resolution;
conviction imposing a non-probationable penalty was rendered, or in the (2) That they carried out their plan and personally took part in its
trial court where such case has since been re-raffled. In a case involving execution by acts which directly tended to the same end.
several defendants where some have taken further appeal, the other
defendants may apply for probation by submitting a written application NOTES: Conspiracy exists when 2 or more persons come to an
and attaching thereto a certified true copy of the judgment of conviction. agreement concerning the commission of a felony and decide to commit
it.
“The trial court shall, upon receipt of the application filed, suspend the
execution of the sentence imposed in the judgment. Requisites for Principals by Induction
(1) That the inducement be made directly with the intention of
“This notwithstanding, the accused shall lose the benefit of probation procuring the
should he seek a review of the modified decision which already imposes
a probationable penalty.
Art. 18. Accomplices. — Accomplices are those persons who, not being
“Probation may be granted whether the sentence imposes a term of included in Art. 17, cooperate in the execution of the offense by previous
imprisonment or a fine only. The filing of the application shall be deemed or simultaneous acts.
a waiver of the right to appeal.1âwphi1
Art. 19. Accessories. — Accessories are those who, having knowledge of
“An order granting or denying probation shall not be appealable.” the commission of the crime, and without having participated therein,

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either as principals or accomplices, take part subsequent to its
commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the
effects of the crime.
2. By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principals
of the crime, provided the accessory acts with abuse of his public
functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief Executive,
or is known to be habitually guilty of some other crime.

Art. 20. Accessories who are exempt from criminal liability. — The
penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by
affinity within the same degrees, with the single exception of accessories
falling within the provisions of paragraph 1 of the next preceding article

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