EXTINCTION OF CRIMINAL LIABILITY

(Criminal Law > Revised Penal Code – Book One > Extinction of Criminal Liability)

Under the Revised Penal Code of the Philippines (RPC), criminal liability can be extinguished under certain circumstances as enumerated in Articles 89 to 94. These provisions outline how criminal liability ceases to exist, whether through the lapse of time, the death of the offender, or other legal grounds. Below is a meticulous discussion of the topic:

I. LEGAL GROUNDS FOR THE EXTINCTION OF CRIMINAL LIABILITY

Article 89 of the RPC enumerates the causes that extinguish criminal liability:

Death of the convict (Before or during service of sentence)
- If the offender dies before final judgment, both criminal and civil liability ex delicto are extinguished.
- If the offender dies during service of sentence, criminal liability is extinguished, but civil liability arising from a final judgment survives and may be enforced against the estate.
Service of Sentence
- Full compliance with the penalties imposed by the court extinguishes criminal liability. This includes imprisonment, fine, or other penalties such as public censure.
Amnesty
- Amnesty, granted by the government, extinguishes criminal liability and includes crimes already committed.
- It obliterates the offense itself, as if it had never been committed.
Absolute Pardon
- Granted by the President under the Constitution, an absolute pardon extinguishes the criminal liability but does not extinguish civil liability, unless expressly stated.
- Pardon does not erase the conviction but relieves the penalty imposed.
Prescription of the Crime
- The lapse of the prescriptive period for the prosecution of the crime bars the filing of criminal charges.
- Prescription periods depend on the penalty imposable:
  - 20 years for crimes punishable by reclusion perpetua or death.
  - 15 years for afflictive penalties.
  - 10 years for correctional penalties.
  - 1 year for light offenses.
Prescription of the Penalty
- Once a judgment of conviction becomes final, the penalty may also prescribe. This occurs when the penalty is not enforced within the prescribed period:
  - 20 years for penalties of reclusion perpetua or death.
  - 15 years for afflictive penalties.
  - 10 years for correctional penalties.
  - 1 year for light penalties.
Marriage of the Offender and Offended Party
- In cases involving crimes against chastity (e.g., seduction, abduction, acts of lasciviousness), the subsequent valid marriage between the offender and offended party extinguishes criminal liability (Article 344).
Other Causes Provided by Law
- Legislative acts such as the repeal of penal laws may also extinguish liability, especially if the law being repealed had decriminalized certain acts.

II. EFFECTS ON CIVIL LIABILITY

Death Before Final Judgment
- Both criminal and civil liability are extinguished if the offender dies before final judgment.
- If civil liability is based on sources other than the criminal act (e.g., quasi-delict, contract), it survives and may be pursued against the estate.
Death After Final Judgment
- Civil liability ex delicto survives and is enforceable against the estate of the offender.
Amnesty and Absolute Pardon
- Amnesty extinguishes civil liability ex delicto.
- Absolute pardon does not affect civil liability unless explicitly stated in the pardon.
Prescription of Crime and Penalty
- Prescription of the crime or penalty extinguishes the basis of civil liability ex delicto, but separate civil actions may still be filed based on other grounds.

III. APPLICATION OF THE PRESCRIPTIVE PERIODS

Crimes
- The running of the prescriptive period is interrupted by:
  - Filing of the complaint or information in court.
  - Issuance of a warrant of arrest.
- Once interrupted, the prescription period begins anew only if the case is dismissed without the accused being convicted.
Penalties
- The prescriptive period for penalties begins from the date the judgment becomes final and executory.

IV. DIFFERENCE BETWEEN AMNESTY AND PARDON

Aspect	Amnesty	Pardon
Source	Legislative act or constitutional authority.	Presidential act.
Scope	Granted to classes of persons.	Granted to specific individuals.
Effect	Obliterates the crime.	Relieves penalty; conviction remains.
Civil Liability	Extinguished.	Retained unless explicitly waived.

V. SPECIAL CONSIDERATIONS UNDER THE RPC

Complex Crimes and Continuous Crimes
- Prescription applies to the crime as a whole and not to individual acts constituting the offense.
Crimes Against the State
- Certain crimes, such as treason, do not prescribe, in line with Article 114.
Interruptions to Prescription
- The running of the prescriptive period is halted by acts such as:
  - The filing of a complaint.
  - The issuance of an arrest warrant.
Marriage as Extinguishment
- For crimes against chastity, marriage must be valid to extinguish criminal liability.

VI. NOTABLE CASE LAW AND APPLICATIONS

People v. Bayotas (G.R. No. 102007, 1994): Clarified the effect of the death of an accused on civil liability, distinguishing between civil liability ex delicto and those arising from other sources.
Torres v. Gonzales: Affirmed the independent prescriptive periods for crimes and penalties.

VII. SUMMARY OF TIME LIMITS FOR PRESCRIPTION

Offense/Penalty	Time Limit
Reclusion Perpetua/Death	20 years
Afflictive Penalties	15 years
Correctional Penalties	10 years
Light Penalties	1 year
Light Offenses	1 year

Understanding these provisions is critical for ensuring due process and fair application of the law. The extinction of criminal liability balances the principles of justice, rehabilitation, and the legal recognition of time’s effect on penal responsibility.