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Effect Of Pardon By The Offended Party


ART.23

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
           action.
   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
           criminal action.
           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
           effect.

NOTE:

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.





 











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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