Partial Extinction of Criminal Liability

Under Philippine criminal law, the partial extinction of criminal liability refers to situations where the penalties imposed on an offender are either reduced or mitigated without entirely eliminating the liability. This concept is covered under Article 94 to Article 99 of the Revised Penal Code (RPC) and addresses the reduction or modification of penalties through specific legal mechanisms or circumstances.

Legal Bases for Partial Extinction of Criminal Liability

Article 94: Partial Extinction by Conditional Pardon
- A conditional pardon granted by the President under Article VII, Section 19 of the 1987 Constitution can result in a partial extinction of criminal liability.
- Effects:
  - The convict's penalty is commuted or reduced based on conditions set forth by the President.
  - If the conditions are violated, the pardon may be revoked, and the convict could be required to serve the remaining penalty.
Article 95: Obligation to Comply with Conditions of Pardon
- A conditionally pardoned convict must strictly comply with the terms imposed by the pardon.
- Failure to comply may result in the reinstatement of the original penalty.

Circumstances for Partial Extinction of Criminal Liability

Commutation of Sentence
- A reduction of the penalty by the President as part of the exercise of executive clemency.
- Example: A death penalty commuted to life imprisonment or life imprisonment commuted to a fixed number of years.
Parole
- The grant of parole by the Board of Pardons and Parole under Act No. 4103 (Indeterminate Sentence Law) allows a convict to serve the remaining portion of their sentence outside of incarceration, subject to compliance with conditions.
- Parole does not extinguish the criminal liability but allows the convict some degree of freedom.
Good Conduct Time Allowance (GCTA)
- Article 97 of the RPC: A convict’s sentence may be partially extinguished through deductions in their sentence for good behavior during incarceration.
- Republic Act No. 10592 expanded the GCTA system to encourage inmates to reform.
- Eligibility:
  - Inmates must demonstrate consistent good behavior.
  - Exceptions apply for certain heinous crimes.
- Calculation of GCTA:
  - The law prescribes how much time is deducted per month or year based on conduct and length of incarceration.
Other Time Allowances
- Art. 98: Special Time Allowance for Loyalty
  - If an inmate demonstrates loyalty to the authorities by not taking advantage of chaos or disorder (e.g., a jailbreak opportunity), they may receive a special time allowance.
- Art. 99: Rules for Deduction of Allowances
  - The Director of Prisons or the proper administrative authority calculates and applies the allowances to the convict’s sentence.

Limitations and Considerations in Partial Extinction

Not Applicable to Certain Crimes:
- Individuals convicted of heinous crimes, repeat offenders, or those who escape from prison may be disqualified from partial extinction mechanisms like GCTA or parole.
Mandatory Compliance:
- All partial extinguishment mechanisms require strict adherence to legal conditions. Violations may lead to revocation or reimposition of penalties.
Discretion of Authorities:
- The application of parole, conditional pardon, or time allowances is subject to the discretion of the relevant administrative or executive body. Courts have no authority to grant such relief directly.

Key Principles

Rehabilitation and Reintegration:
- Partial extinction mechanisms aim to rehabilitate the offender and encourage their reintegration into society by rewarding good behavior and compliance.
Balancing Justice and Mercy:
- These provisions ensure that the justice system remains compassionate without undermining the rule of law.
Judicial vs. Executive Functions:
- While courts impose penalties, the modification or reduction through partial extinction is typically a function of executive or administrative bodies.

Case Law and Jurisprudence

People v. Vera (G.R. No. 45685, 1937)
- Established the constitutionality of parole and its discretionary nature.
Inmates of the New Bilibid Prison v. De Lima (G.R. No. 212719, 2019)
- Highlighted the scope and limitations of R.A. No. 10592 regarding GCTA and exclusions for heinous crime convicts.
Garcia v. Executive Secretary (G.R. No. 157584, 2004)
- Discussed the extent of the President’s powers in granting conditional pardons.

Conclusion

The partial extinction of criminal liability provides mechanisms for modifying penalties without erasing accountability. These provisions aim to promote fairness, reform, and reintegration while maintaining societal order and justice. Understanding the specific rules and limitations is essential for its proper application in criminal law.