On
Partial Extinction of Criminal Liability

ART. 94.

Partial extinction of criminal liability. – Criminal liability is extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence" (RA 10592)

Kinds of Partial Extinguishment:
  1. By Conditional Pardon
  2. By Commutation of sentence
  3. For good conduct, allowances which the culprit may earn while he is serving sentence

Conditional pardon – a contract between the sovereign power of the executive and the convict

NOTE: Convict shall not violate any of the penal laws of the Philippines.

In Case Of Violation Of Conditions:
1. Offender is re-arrested and re-incarcerated
2. Prosecution under Art. 159

COMMUTATION – change in the decision of the court by the chief regarding the:
1. Degree of the penalty
2. by decreasing the length of the imprisonment or fine

Commutation Allowed When:
1. person is over 70 years old
2. 8 justices fail to reach a decision affirming the death penalty

Conditional Pardon From Parole
1. Conditional Pardon - given after final judgment
     Parole - Given after service of the minimum penalty

2. Conditional Pardon - Granted by Chief Executive
     Parole - Given by the Board of Pardons and Parole

3. Conditional Pardon - For violation, the convict may be prosecuted under 159
     Parole - For violations, may be rearrested, convict serves the remaining sentence