Effect Of Pardon By The Offended Party
On Criminal Law
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)
- An express or implied pardon must be given by the offended party to BOTH offenders.
- Pardon must be given before the institution of criminal action.
1. Adultery and Concubinage (Art. 344, RPC)
- An express or implied pardon must be given by the offended party to BOTH offenders.
- Pardon must be given before the institution of criminal action.
2. Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by the offended party, her parents, grandparents or guardian
- Pardon must be given before 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 the 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. The 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 that are the outcome of the offense.
- EXPRESS pardon given by the offended party, her parents, grandparents or guardian
- Pardon must be given before 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 the 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. The 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 that 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.
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 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.
3. Social Injury - The offended party cannot pardon the offender 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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