How Is Criminal Liability 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.