How Criminal Liability Is Totally Extinguished
PAR. 1. BY DEATH
Extinguishment of criminal liability is a ground for motion
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
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
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
NOTE: When the crime prescribes, the state loses the right to
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.
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)
4. acts of lasciviousness
The marriage must be contracted in good faith.