Partial Extinction Of Criminal Liability
ART. 94
Kinds of Partial Extinguishment:
- By Conditional Pardon
- By Commutation of sentence
- For good conduct, allowances which the culprit may earn
while he is serving sentence
- By Parole
- By Probation
Conditional pardon – 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, convict may be prosecuted
under 159
Parole - For violations, may be rearrested, convict serves
remaining sentence
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