Final sentence must be imposed.
If a convict can avail of mitigating circumstances and the penalty
is lowered, it is still the original penalty that is used as the
basis for prescription. However, if the convict already serves a
portion of his sentence and escapes after, the penalty that was
imposed (not the original) shall be the basis for prescription.
Fines less than P200 fall under light penalty.
Those above are correccional.
Definition Prescription of Penalties: The loss or forfeiture of
the right of the government to execute the final sentence after
the lapse of a certain time.
Prescriptive Periods of Penalties
- Death and reclusion perpetua - 20 years
- Other afflictive penalties - 15 years
- Correctional penalties - 10 years
Note: If arresto mayor - 5 years
- Light penalties - 1 year