Does NOT extinguish civil liability.

CRIMINAL LAW REVIEW



3. Amnesty
 Completely extinguishes the penalty and its effects.
 Such would render the crime non-existent, thus eliminating recidivism
I. EXTINCTION OF CRIMINAL LIABILITY
A. TOTAL EXTINCTION OF CRIMINAL LIABILITY TICMAN: Difference between Amnesty and Pardon:

ART. 89. How criminal liability is totally extinguished. - Criminal liability is totally extinguished: AMNESTY PARDON
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability Mode of extinguishment Mode of extinguishment
therefor is extinguished only when the death of the offender occurs before final judgment. Public act of the president and senate Private act of the president only
2. By service of the sentence; Need not be convicted, sufficient that the Granted to those convicted by final judgment
3. By amnesty, which completely extinguishes the penalty and all its effects; offender is charged
4. By absolute pardon; Crimes involved are generally political Crimes may be either common crimes or
5. By prescription of the crime; offenses and not common crimes political offenses
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code. 4. Absolute Pardon [Art. 36]

1. Death
 Death will always extinguish criminal liability regardless if it occurs before or after
conviction by final judgment.
 If convict dies before final judgment, pecuniary penalties are also extinguished.
 Civil liability exists only when the accused is convicted by final judgment.
ART. 36. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly restored by the terms of the
pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed
upon him by the sentence.

GENERAL RULE: Death of the accused pending appeal of his conviction extinguishes his ABSOLUTE PARDON
criminal liability.  A pardon is a private act made by the chief executive by the power vested in him by
EXCEPTION: The claim for civil liability survives notwithstanding the death of the accused, if the constitution.
the same may be predicated on a source of obligation other than delict. (Law, Contract, Quasi-  Pardon generally does not restore political and civil rights.
Contract, Quasi-Delict)  Cannot be revoked compared to conditional pardon.
Elements:
TICMAN: Examples: 1. Only by the chief executive
If A kills B with his car, the obligation to pay for hospitalization and burial expenses (civil liability) 2. Only to persons convicted by final judgment
which arose from delicts: 3. Not granted in impeachment cases
1. Is extinguished IF the A dies before final judgment or during appeal. 4. Not granted if the offender had violated an election law
2. Subsists IF the convict dies after final judgment (where such expenses will be
paid by the convict’s estate). Pardon shall not restore:
a. The right to hold public office
A issues a bad check, and B sues A under BP22. If A dies before final judgment or during b. The right to suffrage/vote
appeal, the criminal liability for BP22 will be extinguished, but the civil liability to return the Exception: The chief executive expressly restores rights. (Risos-Vidal vs. COMELEC)
money stolen will survive A’s death. Why? Because such is based on a different source of
obligation, a contract. PARDON BY:
PRESIDENT OFFENDED PARTY
2. Service of sentence Extinguishes criminal liability Does NOT extinguish criminal liability
 Commission of a crime is a debt which must be paid by serving the imposed sentence Cannot pardon civil liability Can waive the right to claim civil liability
or penalty.
FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019
5. Prescription (See Discussion under Art. 90) 4. Term shall not run if the offender is not in the Philippines.
6. Marriage of offended woman [Art. 344]
 Marriage to the offender extinguished criminal liability and such extends to all other TICMAN: Example:
co-conspirators. A killed her husband B (Parricide – 20 years) on April 1, 1995. C was their kasambahay who
witnessed A kill and bury B’s body. In 2016, C who was haunted by the crime of A, went to the
ART. 90. Prescription of crime. - Crimes punishable by death, reclusion perpetua or reclusion authorities and reported the crime. A case is filed against A, who claims that her crime had
temporal shall prescribe in twenty years. already prescribed.
Crimes punishable by other afflictive penalties shall prescribe in fifteen years.  The crime has not yet prescribed. The crime committed was only discovered in 2016
Those punishable by a correctional penalty shall prescribe in ten years; with the exception of because C is not one of the entities specified by law to witness a crime and commence
those punishable by arresto mayor, which shall prescribe in five years. the prescriptive period thereof. (ONLY the offended party, the authorities, or their
The crime of libel or other similar offenses shall prescribe in one year. agents.)
The crime of oral defamation and slander by deed shall prescribe in six months.  IF for example C, the child of A and B, witnessed the same crime when she was 3
Light offenses prescribe in two months. years old, and considering all other facts are the same, will the answer be different?
o Yes, the crime in this case has prescribed. The law must be construed in
When the penalty fixed by law is a compound one, the highest penalty shall be made the basis favor of the accused, wherein the crime had already prescribed (will double
of the application of the rules contained in the first, second and third paragraphs of this article. check this*)
(As amended by RA 4661, approved June 19, 1966).
JADEWELL PARKING SYSTEMS CORP vs. JUDGE LIDUA
Jadewell argues that the filing of complaint with the prosecutor’s office had interrupted the
Death 20 years Oral Defamation 6 months
prescriptive period in their case. The Supreme Court ruled that the prescriptive period of the
Reclusion Perpetual Slander by deed crime will be interrupted only when the case is actually filed in court, and not when the criminal
Reclusion Temporal complaint is filed with the Office of the City Prosecutor.
Punishable by other 15 years Light offenses 2 months
afflictive penalties Note: This case is an exception to the general rule on prescription. It’s a special case where
Correctional 10 years Arresto Menor 2 months direct filing is allowed under Sec. 9 of the Rules on Summary Procedure, which means no
Fine < 200php preliminary investigation was needed. Thus, petitioner’s filing of a complaint with the
Arresto Mayor 5 years Attempted Bribery Destierro/10 years prosecutor’s office (for the purpose of preliminary investigation) and not directly with the court
Libel/Similar crimes 1 year was the reason why the Supreme Court ruled that the reckoning point was the filing of the
information.
 If compound crime, use the crime with a higher penalty as basis.
 May be raised during trial or on appeal. PANAGUITON vs. DEPARTMENT OF JUSTICE
Any kind of investigative proceeding instituted against the guilty person which may ultimately
ART. 91. Computation of prescription of offenses. - The period of prescription shall commence lead to his prosecution should be sufficient to interrupt prescription.
to run from the day on which the crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by the filing of the complaint or information, and shall TICMAN: The source of the prescriptive period for this case of BP22 is obtained from Act. No.
commence to run again when such proceedings terminate without the accused being convicted 3326. In these cases, it is often ruled by the court that the prescriptive period will commence
or acquitted, or are unjustifiably stopped for any reason not imputable to him. when the check is dishonored or when a demand is made. The correct view in my opinion, is
The term of prescription shall not run when the offender is absent from the Philippine that it should start when the period to subsequently pay the offended party has lapsed.
Archipelago.
ART. 93. Computation of the prescription of penalties. - The period of prescription of penalties
PRESCRIPTION OF CRIMES shall commence to run from the date when the culprit should evade the service of his sentence,
1. Prescription runs from the day the crime is discovered by the offended party, the authorities and it shall be interrupted if the defendant should give himself up, be captured, should go to
or their agents. some foreign country with which this Government has no extradition treaty, or should commit
Note: Discovery of the commission of the crime, not the discovery of the offender. another crime before the expiration of the period of prescription.
2. Interrupted by the institution of a criminal action.
3. Runs again when proceedings are terminated (without conviction or acquittal).
FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019
PRESCRIPTION OF PENALTIES
 Starts to run from the date the culprit evaded the service of sentence.
Elements:
1. Penalty imposed by final sentence
2. Convict had started service
3. Convict had evaded service
The prescription of penalties is interrupted when the convict:
1. Gives himself up
2. Is captured or recaptured
3. Goes abroad to a country with which we have no extradition treaty
4. Commits another crime (Art. 157 is not a crime which interrupts)
Note: The period of prescription during evasion is not forfeited, and thus tacking will occur,
where the years of evasion will be added to any subsequent years of evasion if any.
TICMAN: Example:
A committed murder and was convicted. He had waived his right to appeal, and thus the
judgment was deemed final and executory. While A was on board the vehicle taking him to the
penitentiary, he was rescued and went into hiding. Upon his surrender 21 years later, he was
jailed, and is now claiming that the penalty had already prescribed. Is he correct?
 No. The evasion of service contemplated by Art. 93, which would allow the
prescriptive period to continue running, does not apply if the convict had not started
the service of his sentence.
 IF A had already started his sentence, even if for just 30 minutes, and he subsequently
escapes, then the rule on evasion of service can apply to him.
B. 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 serving his sentence.
ART. 95. Obligation incurred by person granted conditional pardon. - Any person who has been
granted conditional pardon shall incur the obligation of complying strictly with the conditions
imposed therein otherwise, his non-compliance with any of the conditions specified shall result
in the revocation of the pardon and the provisions of Article 159 shall be applied to him.
CONDITIONAL PARDON
1. Grantee must comply with the condition
2. If no compliance, pardon will be revoked
3. Also, they are liable under Art. 159 if revoked
Condition of a pardon is limited to the unserved portion of the sentence, unless an intention to
extend it beyond that time is manifest.
 Commutation of the sentence means the sentence will be reduced.
II. PROBATION LAW
A. PROBATION
 A privilege granted to the accused primarily for the benefit of the organized society,
and incidentally for the benefit of the accused.
Procedure:
1. Application in writing by the offender after judgment (interlocutory)
2. Filed with the court which rendered the judgment
3. During the period for perfecting an appeal (15 days from judgment)
Disqualifications [Section 9 of P.D. 968]
1. Sentenced to serve a maximum term of imprisonment of more than 6 years
2. Was previously under probation
3. Previously been convicted by final judgment of an offense punishable by
imprisonment of not less than 6 months and 1 day and/or a fine of not less than 1000
pesos. (New – as amended by RA 10707)
4. Convicted of any crime against national security
5. Convicted of an election law violation
6. If he appeals the judgment (See Colinares vs. People)
7. Any person convicted under RA 9165
TICMAN: Things to remember:
1. Application of probation prevents an appeal
2. If an appeal is filed, it is considered to be filed out of time because the application of
probation makes the judgment final.
Notes:
 Upon application for probation, offender is deemed to have admitted the crime, and
is thus not allowed to file an appeal.
 Judgment is final when convict has 1) Not appealed from the judgment 2) Waived the
right to appeal 3) Served his sentence and, 4) Applied for probation.
o Legal basis for Criminal Law: Section 4, P.D. 968
o Legal basis for Remedial Law: Section 7, Rule 120
Example:
A committed the crime of serious physical injuries and was sentenced to a maximum period of
8 years. A filed an appeal, with the CA which was granted. The CA ruled that the lower court
erred, and thus they modified the sentence to one with a maximum penalty of 4 years. Can A
go back to the trial court and apply for probation, and should it be granted?
 Yes, it should be granted. The case of Colinares vs. People allowed the offender to
apply for probation despite the prior appeal from the trial court.
FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019
GENERAL RULE: A probationable sentence with a subsequent appeal made after will
disqualify the offender from applying for probation
EXCEPTION: A non-probationable sentence with a subsequent appeal which modified the
sentence to a probationable one, will allow the offender to apply for probation.

If A appeals to the Supreme Court after the CA’s judgment, then the application for probation
must be denied. Probation is not a right but a privilege, and thus it must be exercised at the
earliest convenience.

(Same Facts) A committed the crime with B, C, and, D and A was the only one granted probation
because B, C, and D were not planning to file an appeal from the trial court’s decision. In this
case, by reason of the rules on criminal procedure, the benefit of the modified sentence will also
extend to the several defendants. Thus the probation application of B, C, and, D, should be
granted.

FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019