Computation Of The Prescription Of Penalties


ART. 93

The period of prescription commences to run from the date when
the culprit evaded the service of his sentence.

Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of the sentence by escaping during
   the term of his sentence.
3. Convict has not given himself up, or been captured, or gone
   to a foreign country with which we have no extradition treaty,
   or committed another crime.
4. Penalty has prescribed, because of the lapse of time from the
   date of the evasion of the service of the sentence.

Interruption Of The Period: If the convict
1. gives himself up
2. be captured
3. goes to a foreign country with which the Philippines has no
   extradition treaty
4. commits another crime before the expiration of the period of
   prescription
5. accepts a conditional pardon

NOTES:

If a government has an extradition treaty with the country to
which a convict escaped, but the crime is not included in the
treaty, the running of the prescription is still interrupted.

Evasion of sentence starts the running of the prescription. It
does not interrupt it. Acceptance of the conditional pardon
interrupts the prescription period.

Rolito Go case: Since he was captured, he is only supposed to
serve the remainder of his sentence. Reason: During the period
he escaped, his existence was one of fear and discomfort.






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