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How Criminal Liability Is Totally Extinguished


ART. 89

PAR. 1. BY DEATH

   NOTES:

   Extinguishment of criminal liability is a ground for motion
   to quash.

   Criminal liability whether before or after final judgment is
   extinguished upon death because it is a personal penalty.

   Pecuniary penalty is extinguished only when death occurs
   before final judgment.

   The death of the offended party however does not extinguish
   criminal liability of the accused because it is a crime
   against the state.

PAR. 2. BY SERVICE OF SENTENCE
 
   NOTES:

   Crime is a debt, hence extinguished upon payment.

   Service does not extinguish civil liability.

PAR. 3. BY AMNESTY

   Amnesty – is an act of the sovereign power granting oblivion
   or general pardon. It wipes all traces and vestiges of the
   crime but does not extinguish civil liability.

PAR. 4. BY ABSOLUTE PARDON

   Pardon – an act of grace proceeding from the power entrusted
   with the execution of laws, which exempts the individual from
   the punishment the law inflicts for the crime.

   Amnesty From Pardon
   1. Amnesty - Extended to classes of persons who may be guilty
      of political offenses.

      Pardon - Exercised individually by the President

   2. Amnesty - Exercised even before trial or investigation

      Pardon - Exercised when one is convicted

   3. Amnesty - Looks backward and  abolishes the offense itself

      Pardon - Looks forward and relieves the offender of
      the consequences

   4. Amnesty - Does not extinguish civil liability
 
      Pardon - same

   5. Amnesty - A public act that needs the  declaration of the
      President with the concurrence of Congress

      Pardon - A private act of the President

   6. Amnesty - Courts should take judicial notice

      Pardon - Must be pleaded and proved

PAR. 5. BY PRESCRIPTION OF CRIME

   Prescription of a crime – is the loss/forfeiture of the right
   of the state to prosecute the offender after the lapse of a
   certain time.

   NOTE: When the crime prescribes, the state loses the right to
   prosecute

   PRESCRIPTIVE PERIODS OF CRIMES:
      1. Crimes punishable by:
         a. Death, reclusión perpetua or reclusión temporal – 20 years
         b. afflictive penalties – 15 years
         c. correctional penalties – 10 years,
         d. except those punishable by arresto mayor which shall
            prescribe in 5 years
      2. Crime of libel – 1 year
      3. Offenses of oral defamation and slander by deed – 6 months
      4. Light offenses – 2 months

      When the penalty is a compound one, the highest penalty shall
      be made the basis of the application of above rules.

PAR. 6. BY PRESCRIPTION OF PENALTY

   NOTE: means the loss/forfeiture of the right of government
   to execute the final sentence after the lapse of a certain time.

   Conditions:
      1. There must be final judgment.
      2. The period must have elapsed.

   PRESCRIPTIVE PERIODS OF PENALTIES:
      1. Death and reclusión perpetua – 20 years
      2. Other afflictive penalties – 15 years
      3. Correctional penalties – 10 years, except for the
         penalty of arresto mayor which prescribes in 5 years
      4. Light penalties – 1 year

PAR. 7. BY MARRIAGE OF THE OFFENDED WOMAN (ART. 344)

   NOTE:
   Crimes covered:
      1. rape
      2. seduction
      3. abduction
      4. acts of lasciviousness

   The marriage must be contracted in good faith.





























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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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