GENERAL RULE: Pardon by the offended party does not extinguish
the criminal liability of the offender.
REASON: A crime committed is an offense against the State.
Only the Chief Executive can pardon the offenders.
EXCEPTION: Pardon by the offended party will bar criminal
prosecution in the following crimes:
1. Adultery and Concubinage (Art. 344,RPC)
- EXPRESS or IMPLIED pardon must be given by offended
party to BOTH offenders.
- Pardon must be given PRIOR to institution of criminal
2. Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by offended party or her parents
or grandparents or guardian
- Pardon must be given PRIOR to the institution of the
However, marriage between the offender and the
offended party EVEN AFTER the institution of the
criminal action or conviction of the offender will
extinguish the criminal action or remit the penalty
already imposed against the offender, his co- principals,
accomplices and accessories after the fact.
3. Rape (as amended by R.A. 8353)
- The subsequent valid marriage between the offender
and the offended party shall extinguish criminal
liability or the penalty imposed. In case the legal
husband is the offender, subsequent forgiveness by
the wife as offended party shall also produce the same
Pardon by the offended party under Art. 344 is ONLY A BAR to
criminal prosecution; it is NOT a ground for extinguishment of
criminal liability. It DOES NOT extinguish criminal liability.
It is not one of the causes that totally extinguish criminal
liability in Art 89.
Nevertheless, civil liability may be extinguished by the EXRESS
WAIVER of the offended party.Civil liability w/ regard to the
interest of the injured party is extinguished by the latter’s
express waiver because personal injury may be repaired through
indemnity. Waiver must be express. State has no reason to insist
on its payment.
AN OFFENSE CAUSES TWO CLASSES OF INJURIES:
1. Social Injury
2. Personal Injury
1. Social Injury - Produced by the disturbance and alarm which
are the outcome of the offense.
Personal Injury - Caused to the victim of the crime who suffered
damage either to his person, to his property, to his honor or
to her chastity.
2. Social Injury - Is sought to be repaired through the imposition
of the corresponding penalty.
Personal Injury - Is repaired through indemnity.
3. Social Injury - The offended party cannot pardon the offender
so as to relieve him of the penalty.
Personal Injury - The offended party may waive the indemnity
and the State has no reason to insist in its payment.