Extinction of Criminal Liability under the Revised Penal Code – Book One

Total Extinction of Criminal Liability

The extinction of criminal liability refers to the cessation of a person's responsibility to serve penalties or undergo punishment prescribed by law due to certain legal causes. Total extinction of criminal liability completely absolves the offender from the legal effects of their crime, including any criminal penalties and, in some cases, civil liability arising from the offense.

Below are the key provisions and principles governing total extinction of criminal liability under the Revised Penal Code of the Philippines:

I. Legal Grounds for Total Extinction of Criminal Liability

1. Death of the Offender

Article 89, Paragraph 1 of the Revised Penal Code explicitly provides that the death of the offender extinguishes criminal liability.
Rationale: The state loses its authority to impose punishment upon the offender because penalties are personal in nature.
Effects:
- Criminal liability is completely extinguished.
- Civil liability arising from criminal offenses is extinguished if it is solely based on the crime (ex delicto). However, civil liabilities arising from other legal sources (e.g., quasi-delict or contract) may still be pursued.

2. Service of Sentence

Article 89, Paragraph 2 states that the completion of a penalty imposed extinguishes criminal liability.
Rationale: Once the offender has served the penalty imposed by the court, no further punishment can be imposed.
Note: The proper execution of the sentence includes compliance with all conditions (e.g., parole or probation terms).

3. Amnesty

Article 89, Paragraph 3 provides that amnesty, as an act of the sovereign state, extinguishes criminal liability for offenses to which it applies.
Scope and Nature:
- Amnesty is a public act generally granted to classes of persons guilty of political or related crimes (e.g., rebellion, sedition, treason).
- It requires a proclamation by the President and concurrence by Congress (Article VII, Section 19, 1987 Constitution).
- Amnesty erases the criminal act itself, as if the offense was never committed.

4. Absolute Pardon

Article 89, Paragraph 4 provides that a pardon granted by the President extinguishes criminal liability, but only if it is absolute.
Key Features:
- Absolute Pardon: A complete remission of the penalty imposed by the court.
- Conditional Pardon: If the pardon is conditional, the liability is not fully extinguished unless the conditions are fulfilled.
Limitations:
- Pardon does not absolve civil liability unless expressly stated.
- It does not restore public office, the right to suffrage, or other rights lost due to conviction unless specifically included in the pardon.

5. Prescription of Crime

Article 89, Paragraph 5 states that the prescription of the crime extinguishes criminal liability.
Definition: The lapse of the statutory period within which a criminal case may be filed results in the loss of the state’s right to prosecute.
Prescriptive Periods:
- Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
- Afflictive penalties: 15 years.
- Correctional penalties: 10 years.
- Light offenses: 2 months.
Commencement of Prescription: The period begins from the day the crime was committed unless otherwise provided by law.
Interruption: The filing of a complaint or information interrupts the prescriptive period.

6. Prescription of Penalty

Article 89, Paragraph 6 provides that the prescription of penalties extinguishes criminal liability.
Definition: The lapse of the statutory period within which a penalty may be enforced results in the loss of the right to execute judgment.
Prescriptive Periods:
- Death and reclusion perpetua: 20 years.
- Afflictive penalties: 15 years.
- Correctional penalties: 10 years.
- Light penalties: 1 year.
Commencement: The prescription starts from the date the judgment of conviction becomes final.

7. Marriage of the Offended Party (in Certain Cases)

Article 344 of the Revised Penal Code provides that the marriage of the offended party in crimes against chastity (e.g., adultery, concubinage, acts of lasciviousness, seduction, abduction, or rape) extinguishes criminal liability.
Effect:
- The offender’s criminal liability is extinguished because the law considers marriage as an act that repairs the damage caused by the crime.

II. Effects of Total Extinction of Criminal Liability

Criminal Penalty
- Completely extinguished, whether the penalty has been partially or fully served.
Civil Liability
- Extinguished only if the civil liability arises solely from the offense (ex delicto).
- Civil liabilities based on other legal grounds (e.g., contract, quasi-delict) remain enforceable.
Ancillary Penalties
- Removal of accessory penalties (e.g., disqualification from public office) depends on whether explicitly restored by an amnesty or pardon.

III. Judicial Interpretation and Key Jurisprudence

Death Extinguishes Criminal Liability:
- People v. Bayotas (G.R. No. 102007): The Supreme Court ruled that the death of the accused extinguishes both the criminal and civil liability ex delicto, but not the civil liability based on other sources of obligation.
Pardon Does Not Extinguish Civil Liability:
- Monsanto v. Factoran (G.R. No. 78239): A presidential pardon does not automatically restore rights or extinguish civil liability unless explicitly stated.
Amnesty Erases the Crime:
- Barrioquinto v. Fernandez (G.R. No. L-1278): Amnesty not only extinguishes criminal liability but treats the crime as if it never occurred.

IV. Conclusion

Total extinction of criminal liability under the Revised Penal Code involves mechanisms designed to balance justice and clemency. It is primarily grounded on the idea that certain circumstances, whether natural (e.g., death) or legal (e.g., amnesty, pardon), render further punishment unnecessary or impossible. While criminal liability is extinguished in totality, the effect on civil liability varies depending on the nature of the obligation, ensuring the preservation of private rights.