Extinction of Criminal Liability

Parole | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > G. Extinction of Criminal Liability > 2. Partial Extinction > d. Parole

Definition of Parole

Parole is a conditional release of a prisoner before the expiration of their sentence. It allows the prisoner to serve the remainder of their sentence under the supervision of a parole officer in the community, subject to compliance with specific conditions. It is not a right but a privilege granted by the government.

Legal Basis

The granting of parole in the Philippines is governed by:

  1. Act No. 4103 (Indeterminate Sentence Law) as amended by Republic Act No. 4203.
  2. Revised Penal Code (RPC) - It indirectly recognizes parole as a form of partial extinction of criminal liability.

Purpose of Parole

  • To promote the rehabilitation of prisoners by integrating them back into society.
  • To reduce overcrowding in prisons.
  • To encourage good behavior and reform among prisoners during incarceration.

Eligibility for Parole

A prisoner may be eligible for parole if the following conditions are met:

  1. Imposition of an Indeterminate Sentence: The offender must be sentenced to an indeterminate penalty under the Indeterminate Sentence Law. This means the sentence includes a minimum and maximum period.
  2. Served Minimum Sentence: The prisoner must have served the minimum sentence of their indeterminate penalty.
  3. Good Conduct Time Allowance (GCTA): The prisoner must have exhibited good behavior while incarcerated, as reflected in their GCTA credits under Republic Act No. 10592.
  4. Not Disqualified by Law: Certain offenses and offenders are explicitly excluded from parole eligibility:
    • Habitual delinquents.
    • Escapees who have not returned voluntarily to custody.
    • Persons convicted of offenses punished with reclusion perpetua or life imprisonment, such as:
      • Treason
      • Qualified piracy
      • Murder with qualifying circumstances
      • Certain crimes under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
    • Recidivists (those who commit a subsequent crime after being convicted of an earlier crime).
    • Offenders who have previously violated parole conditions.

Procedure for Parole

  1. Application for Parole:

    • The prisoner or their counsel applies for parole to the Board of Pardons and Parole (BPP).
    • Supporting documents, such as records of good conduct, certifications of rehabilitation, and the court's decision, must be submitted.

  2. Evaluation by the BPP:

    • The BPP evaluates the application, considering the prisoner's behavior, psychological reports, and likelihood of reintegration into society.
    • Public prosecutors and victims may be asked to provide input or opposition.

  3. Recommendation:

    • If the BPP finds the prisoner eligible, it forwards its recommendation to the President of the Philippines, if required, or issues a decision approving parole.

  4. Grant of Parole:

    • A parole order is issued, specifying the conditions to be observed by the parolee.

Conditions of Parole

The parolee must adhere to the following conditions:

  1. Residence: The parolee must reside at a specified address and cannot leave without prior approval.
  2. Employment: The parolee must engage in lawful employment or pursue legitimate means of livelihood.
  3. Periodic Reporting: Regular reporting to a parole officer is mandatory.
  4. Conduct: The parolee must maintain good behavior and avoid engaging in criminal activities.
  5. Prohibited Areas: The parolee is restricted from visiting certain places, such as the scene of the crime or the victim’s residence.

Failure to comply with these conditions can result in revocation of parole.

Effects of Parole

  1. Partial Extinction of Criminal Liability:

    • The parolee remains under legal custody and supervision until the expiration of the maximum sentence.
    • The criminal liability is not fully extinguished unless the conditions of parole are satisfied until the end of the sentence.

  2. Release from Incarceration:

    • The parolee is released from imprisonment but remains under conditional liberty.

  3. Rehabilitation Focus:

    • Parole encourages reintegration into society and allows the parolee to demonstrate reform.

Distinction Between Parole and Related Concepts

  1. Parole vs. Probation:
    • Parole applies after partial service of a prison sentence, while probation is an alternative to imprisonment granted before the offender begins serving time.
  2. Parole vs. Pardon:
    • Parole is conditional and does not erase the conviction, while a pardon may be absolute or conditional and can extinguish the criminal liability.
  3. Parole vs. Commutation:
    • Commutation reduces the length of the sentence, while parole allows conditional release without reducing the sentence duration.

Revocation of Parole

  1. Grounds for Revocation:

    • Violation of parole conditions.
    • Commission of another offense while on parole.
    • Failure to report to the parole officer.

  2. Procedure:

    • The BPP investigates alleged violations and may order the parolee's arrest and recommitment to prison.
    • The remaining sentence must then be served without further eligibility for parole.

Relevant Case Law

  1. People v. Vera (G.R. No. L-45685, 1937):
    • This case highlighted the constitutionality of the Indeterminate Sentence Law and its importance in promoting reformation of offenders.
  2. Estrada v. Sandiganbayan (G.R. No. 148560, 2001):
    • Discussed limitations of parole eligibility, especially for public officials convicted of graft and corruption.

By balancing the interests of rehabilitation and public safety, parole serves as an essential mechanism in criminal justice for partially extinguishing criminal liability while ensuring accountability and societal reintegration of offenders.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Good Conduct Allowances | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Topic: Good Conduct Time Allowances (GCTA) under the Revised Penal Code

Under Article 97 of the Revised Penal Code (RPC), Good Conduct Time Allowances (GCTA) refer to a partial reduction of a prisoner’s sentence as a reward for good behavior while serving time in jail or prison. This provision was significantly amended and expanded under Republic Act No. 10592, which modified the RPC provisions on GCTA, particularly regarding the computation of allowances for good conduct and other similar deductions.

I. Legal Basis

  1. Revised Penal Code (Article 97)

    • Originally provided limited GCTA for prisoners who exhibited good conduct during their imprisonment.

  2. Republic Act No. 10592

    • Enacted in 2013, this law amended Article 97 and related provisions to increase the GCTA granted to qualified prisoners.
    • The Implementing Rules and Regulations (IRR) were issued in 2014 and further clarified in 2019.

II. Nature and Purpose

GCTA serves as an incentive for inmates to exhibit good behavior, rehabilitation, and reform during their incarceration. The policy aligns with the penological goal of reintegration, reducing recidivism, and promoting discipline among inmates.

III. Qualifications for GCTA

  1. Who may avail:

    • Sentenced prisoners serving time in penal institutions, including those convicted of heinous crimes, provided they meet certain conditions (discussed further below).
    • Preventive detainees under Article 29 of the RPC, where good conduct during detention is credited toward the service of the penalty imposed upon conviction.

  2. Who may NOT avail:

    • Prisoners classified as habitual delinquents (Article 62 of the RPC).
    • Recidivists and escapees are generally disqualified unless certain conditions apply.

IV. Computation of GCTA

Under RA 10592, the following credits are given for good behavior:

  1. During the First 2 Years of Imprisonment: 20 days deduction for each month of good conduct.
  2. Third to Fifth Years of Imprisonment: 23 days deduction for each month of good conduct.
  3. Sixth to Tenth Years of Imprisonment: 25 days deduction for each month of good conduct.
  4. Eleventh Year and Beyond: 30 days deduction for each month of good conduct.
  5. Additional Credits for Study, Teaching, and Mentorship: An additional deduction of 15 days per month for activities such as education or mentoring fellow inmates.

The accumulation of credits is non-linear and progresses as the inmate exhibits consistent good behavior over time.

V. Procedural Implementation

  1. Evaluation and Recommendation:

    • Prison authorities evaluate the inmate's behavior and determine their eligibility for GCTA. This is typically conducted by the Bureau of Corrections (BuCor) for inmates in national penitentiaries or by the Bureau of Jail Management and Penology (BJMP) for detainees in local facilities.

  2. Documentation:

    • A "Good Conduct Record" is maintained for each prisoner, outlining their behavior, participation in rehabilitation programs, and compliance with institutional rules.

  3. Approval Process:

    • GCTA credits are formally approved by the warden or officer-in-charge of the penal institution.
    • These credits are then communicated to the courts for proper computation of the revised sentence.

VI. Disqualifications and Forfeiture

  1. Grounds for Disqualification:

    • If the inmate commits a disciplinary offense or violates institutional rules.
    • Prisoners serving sentences for certain heinous crimes (e.g., rape, murder) may be disqualified under recent jurisprudence and regulations.

  2. Forfeiture of GCTA:

    • An inmate may lose accumulated GCTA if they violate prison rules or are found guilty of infractions such as escaping or participating in illegal activities.

VII. Recent Controversies and Legal Clarifications

  1. 2019 Legal Debate on Heinous Crimes:

    • In 2019, a controversy arose regarding the application of GCTA to prisoners convicted of heinous crimes, following an attempted release of several high-profile convicts. This led to a temporary suspension and review of the GCTA system.

  2. Supreme Court Rulings:

    • In Inmates of New Bilibid Prison v. Bureau of Corrections (2019), the Supreme Court clarified that RA 10592 applies retroactively to qualified inmates because penal laws that are favorable to the accused apply retroactively.

  3. Legislative and Administrative Reforms:

    • Congress and the Department of Justice (DOJ) issued clarifications to limit the application of GCTA to exclude heinous crimes in certain contexts.
    • The revised IRR issued in 2019 explicitly excluded heinous crimes from GCTA eligibility.

VIII. Practical Implications

  1. Reduction in Sentencing:
    • A properly managed GCTA system significantly reduces the actual time spent by inmates in incarceration, promoting prison decongestion.
  2. Rehabilitation Focus:
    • Encourages inmates to engage in programs aimed at reform and skill-building.

IX. Key Challenges

  1. Misapplication and Corruption:
    • Instances of alleged corruption and abuse in the computation and approval of GCTA have been reported, leading to public outcry.
  2. Disparity in Enforcement:
    • Inconsistencies between national and local facilities in implementing GCTA policies.

X. Conclusion

The GCTA system represents an essential mechanism for rewarding good conduct and fostering rehabilitation among prisoners. However, its implementation must be carefully monitored to ensure fairness, transparency, and adherence to legislative intent. Legal practitioners handling criminal cases should be well-versed in the procedural and substantive aspects of GCTA to advocate effectively for their clients.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Commutation of Sentence | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Criminal Law: Partial Extinction of Criminal Liability – Commutation of Sentence

Commutation of Sentence refers to the reduction of the penalty imposed on a convicted individual by the Chief Executive (President of the Philippines). It is a form of executive clemency provided under the Constitution and pertinent laws.

Legal Basis

  1. 1987 Constitution of the Philippines

    • Article VII, Section 19: "Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment."

  2. Revised Penal Code (RPC)

    • Article 94: Commutation of the sentence is one of the recognized modes of extinguishing criminal liability partially.

  3. Rules of Court

    • Rule 120, Section 17: Once the judgment of conviction becomes final, it can only be modified by specific legal mechanisms, including commutation.

  4. Revised Administrative Code of 1987

    • Book III, Title I, Chapter 5, Section 17: Provides for the powers of the President, including granting clemency.

  5. Administrative and Executive Issuances

    • Guidelines and procedures for commutation are further detailed in executive orders, Department of Justice (DOJ) circulars, and related issuances.

Nature and Purpose

  1. Definition:

    • Commutation of sentence refers to the reduction of a sentence imposed by the court, either in terms of duration or severity, through the exercise of executive clemency.

  2. Purpose:

    • It seeks to alleviate the harshness of the penalty for reasons of justice, equity, or humanitarian considerations.
    • Provides a second chance to deserving individuals based on good behavior, rehabilitation, or other exceptional circumstances.

Process of Commutation

  1. Initiation:

    • The application for commutation is typically initiated by the convicted person, their family, or legal counsel. It may also be recommended by concerned agencies, such as:
      • Board of Pardons and Parole (BPP)
      • Department of Justice (DOJ)

  2. Preliminary Steps:

    • Submission of Application: The convicted individual must submit a formal application to the BPP.
    • Documentation Requirements: Includes the court decision, proof of good behavior, and certifications of rehabilitation.
    • Recommendation Process: The BPP evaluates the application and submits its recommendation to the President.

  3. Evaluation Factors:

    • Nature and gravity of the offense.
    • Behavior of the convicted individual while serving the sentence.
    • Time already served.
    • Circumstances surrounding the commission of the offense.
    • Public interest and the impact on victims.

  4. Presidential Action:

    • The President exercises discretion in granting commutation and is not bound by the BPP's recommendation.
    • The commutation order, once issued, modifies the sentence as prescribed.

Limitations and Conditions

  1. Discretionary Power of the President:

    • The President's power to commute sentences is plenary and cannot be compelled or questioned.

  2. Final Judgment Requirement:

    • Commutation applies only after the conviction has become final and executory.

  3. Exclusions:

    • Impeachment cases and electoral offenses under specific laws may not be subject to commutation.
    • Sentences for crimes considered heinous may undergo stricter scrutiny.

  4. Conditions for Commutation:

    • May include parole eligibility after serving a reduced portion of the sentence.
    • Conditions imposed must be reasonable and within the scope of the law.

Distinctions from Other Forms of Clemency

  1. Pardon:

    • Absolute pardon completely extinguishes the criminal liability, while commutation only reduces the penalty.
    • Commutation does not restore civil rights unless explicitly stated.

  2. Parole:

    • Parole is conditional release before the full sentence is served, whereas commutation modifies the penalty itself.

  3. Amnesty:

    • Amnesty applies to a class of persons for political offenses and obliterates the offense itself, unlike commutation, which applies only to an individual's penalty.

Effects of Commutation

  1. Partial Extinction of Criminal Liability:

    • The original sentence is replaced or reduced in accordance with the commutation order.
    • Civil liability arising from the crime remains enforceable unless explicitly remitted.

  2. No Automatic Restoration of Civil Rights:

    • The commuted individual may still need to undergo separate processes for the restoration of civil rights.

  3. Finality:

    • The commutation order, once granted, is irrevocable and binding.

Relevant Jurisprudence

  1. People v. Vera (G.R. No. L-45685)

    • Emphasized the discretionary nature of executive clemency, including commutation.

  2. Garcia v. Commission on Audit (G.R. No. 178777)

    • Clarified that commutation does not extinguish civil liability unless explicitly provided.

  3. People v. Valleno (G.R. No. L-35210)

    • Discussed the limits of judicial review in matters of commutation and clemency.

Conclusion

Commutation of sentence is a vital mechanism for the humane administration of justice. It acknowledges the rehabilitative potential of individuals while balancing the interests of society and the justice system. However, its exercise remains an exclusive and discretionary prerogative of the President, subject to established legal and procedural safeguards.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Conditional Pardon [Act No. 1524] | Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Conditional Pardon under Philippine Law (Act No. 1524)

Legal Framework

A conditional pardon is an act of clemency granted by the President of the Philippines, which extinguishes criminal liability partially by imposing certain conditions that the grantee must fulfill. This is a mechanism recognized under Act No. 1524 and Article VII, Section 19 of the 1987 Constitution, where the President has the exclusive power to grant pardons, subject to conditions deemed appropriate.

This clemency is subject to the rules laid out in Book One of the Revised Penal Code and further elaborated upon in jurisprudence and executive issuances. Conditional pardons aim to balance clemency with public safety and the rehabilitation of offenders.

Key Elements of Conditional Pardon

  1. Nature:

    • A conditional pardon is not an absolute extinguishment of criminal liability. Instead, it suspends or alleviates the penal consequences based on the compliance with specified conditions.
    • It operates prospectively, meaning the pardon becomes effective only upon acceptance and fulfillment of the conditions by the offender.

  2. Authority to Grant:

    • Under Article VII, Section 19 of the Constitution, the President exercises the power to grant pardons. This power includes the discretion to impose conditions.
    • The grant of a conditional pardon cannot be questioned, as it is a political act within the exclusive domain of the Executive.

  3. Conditions:

    • The conditions attached to a pardon must be lawful, reasonable, and possible to fulfill.
    • Common conditions include:
      • Good behavior and compliance with laws during the probationary period.
      • Reporting regularly to an agency or authority.
      • Prohibition from engaging in specific activities or visiting certain areas.

  4. Acceptance by the Offender:

    • A conditional pardon requires the express acceptance of the offender for it to take effect. The grantee must agree to the terms imposed.
    • If the offender refuses to accept the conditions, the pardon is deemed ineffective.

  5. Revocation for Non-Compliance:

    • If the offender violates the conditions of the pardon, the President has the power to revoke the pardon.
    • Upon revocation, the offender may be required to serve the unexpired portion of their original sentence.

Effects of a Conditional Pardon

  1. Partial Extinction of Criminal Liability:

    • A conditional pardon mitigates or partially extinguishes the penalty imposed by the court but does not erase the crime itself. The civil liabilities arising from the crime remain enforceable.
    • The offender is not fully restored to their status prior to conviction unless explicitly stated in the pardon.

  2. Retention of Disqualifications:

    • The pardon does not automatically remove the accessory penalties, such as perpetual disqualification from public office or loss of political rights, unless expressly included in the terms.

  3. No Automatic Reinstatement:

    • A person conditionally pardoned does not regain public employment, offices, or licenses by mere virtue of the pardon unless these are specifically addressed by the conditions of the clemency.

Procedures for Conditional Pardon

  1. Application:

    • The convict or their representative submits a petition for clemency to the Board of Pardons and Parole (BPP). The petition includes:
      • A certificate of good conduct issued by the Bureau of Corrections or relevant authority.
      • Evidence of rehabilitation and capacity to comply with the conditions.

  2. Recommendation:

    • The BPP evaluates the application and forwards its recommendation to the President. This recommendation is not binding but serves as a critical advisory document.

  3. Grant by the President:

    • The President issues the conditional pardon through an executive clemency document outlining the terms of the pardon and the specific conditions to be fulfilled.

  4. Monitoring and Compliance:

    • The parole authorities or other designated agencies oversee the compliance of the grantee with the terms of the pardon.

  5. Revocation Proceedings:

    • If the conditions are violated, the responsible agency reports the violation to the President, who may issue an order to revoke the pardon. The grantee is then subject to re-arrest and reincarceration.

Jurisprudence

  1. People v. Crisola (G.R. No. L-43627, February 25, 1982):

    • Affirmed that a conditional pardon does not remove the crime’s stigma unless explicitly specified.
    • Violations of conditions result in the reimposition of the original penalty.

  2. Torres v. Gonzales (G.R. No. 117415, October 4, 1996):

    • Highlighted that the acceptance of the conditional pardon binds the offender to comply fully with its terms, and failure to do so is tantamount to forfeiting its benefits.

  3. Monsanto v. Factoran (G.R. No. L-55166, May 9, 1989):

    • Clarified that pardons, conditional or otherwise, do not automatically erase the accessory penalties unless explicitly stated.

Summary

Conditional pardons under Philippine law are a mechanism for partial extinction of criminal liability. They:

  • Require presidential discretion and offender acceptance.
  • Impose conditions that must be strictly followed to avoid revocation.
  • Retain civil liabilities and other consequences unless explicitly pardoned.

These pardons serve a dual purpose of mitigating justice with mercy while ensuring the offender remains accountable and rehabilitated.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Partial Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

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

  1. 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.

  2. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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

  1. People v. Vera (G.R. No. 45685, 1937)

    • Established the constitutionality of parole and its discretionary nature.

  2. 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.

  3. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Marriage between the Offender and the Offended Party | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

DISCLAIMER: The following discussion is a general, academic exposition on Philippine criminal law as of this writing. It does not constitute legal advice. For specific cases or legal queries, please consult a qualified attorney.

Marriage Between the Offender and the Offended Party as a Mode of Extinguishing Criminal Liability

Under Philippine law, particularly the Revised Penal Code (RPC), there are specific instances where a subsequent valid marriage between the offender and the offended party can totally extinguish criminal liability. This doctrine historically appears in crimes involving violations of chastity—where the law (in its older formulation) allowed the possibility that the offender’s marriage to the offended woman would “heal the injury” and preserve her honor, thereby rendering criminal liability moot.

However, over the years (especially after the enactment of R.A. No. 8353, the Anti-Rape Law of 1997), the scope and application of this rule have been substantially modified. Below is a meticulous breakdown of what every law student or practitioner should know:

1. Statutory Basis in the Revised Penal Code

  1. Article 344 of the Revised Penal Code (Old Rule)

    • Historically, Article 344 governed the prosecution of crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness.
    • An important (old) provision stated that the subsequent marriage between the offender and the offended party extinguished the criminal action or penalty for specific crimes (traditionally, seduction, abduction, acts of lasciviousness, and under older rules—rape).
    • This rule extended not only to the principal offender but also to any co-principals, accomplices, or accessories.

  2. Crimes Traditionally Covered by “Marriage Extinguishment”

    • Seduction (e.g., Qualified Seduction under Article 337 and Simple Seduction under Article 338)
    • Abduction (e.g., Forcible Abduction under Article 342 and Consented Abduction under Article 343)
    • Acts of Lasciviousness (Article 336)
    • Rape under the old classification (pre-1997) was also deemed extinguished by a valid subsequent marriage, again based on the text of the older Article 344.

  3. Reasoning Behind the Rule

    • The original rationale was the perceived “reparation” of the damage to the offended party’s honor. The law presumed that once the offended woman chose to marry her offender, the moral and civil injuries were (in the eyes of outdated legal policy) rectified.

2. Modification Under the Anti-Rape Law of 1997 (R.A. No. 8353)

When R.A. No. 8353 took effect, it reclassified rape from being a “crime against chastity” to a “crime against persons.” This change significantly affected how rape cases are prosecuted and the remedies available to the offended party:

  1. Rape as a Public Crime

    • Under the new law, rape ceased to be a private crime purely at the instance of the offended party. Instead, it became a crime prosecutable in a manner more akin to other crimes against persons.
    • This meant that the old rule—where the marriage between the offender and the offended party automatically extinguished the criminal liability for rape—no longer generally applies.

  2. Article 266-C (Effect of Pardon or Forgiveness)

    • After R.A. No. 8353, the text of the law concerning the effect of marriage or pardon in rape cases changed.
    • The law (and subsequent jurisprudence) clarifies that subsequent marriage does not automatically extinguish criminal liability for rape as it did under older versions of the RPC.
    • Where once a marriage could bar or extinguish a rape prosecution outright, now the crime is treated primarily as an offense against the State.

  3. Practical Effect

    • In real terms, a perpetrator cannot evade criminal responsibility for rape solely by marrying the victim after the fact.
    • Courts and prosecutors generally proceed with the case unless there is a separate legal ground (such as the complete recantation of the victim leading to evidentiary issues, or other reasons recognized by law). But the mere fact of marriage is no longer the blanket remedy it once was.

3. Crimes Still Covered by the Extinguishment Rule

Even though the “marriage extinguishment” rule underwent drastic revision concerning rape, it still applies to seduction, abduction, and acts of lasciviousness under the RPC, subject to certain requirements:

  1. Which Specific Offenses?

    • Qualified Seduction (Article 337)
    • Simple Seduction (Article 338)
    • Forcible Abduction (Article 342)
    • Consented Abduction (Article 343)
    • Acts of Lasciviousness (Article 336)

  2. Requirements for a Valid Extinguishment

    • Valid Subsequent Marriage: The marriage must be valid under civil law (i.e., there must be no legal impediments such as minority without parental consent, lack of marriage license, bigamy, etc.).
    • No Vitiation of Consent: The marriage must not be procured by force, intimidation, or fraud. A sham or coerced marriage may be declared void and thus would not produce the legal effect of extinguishing liability.
    • Timing: The marriage must occur after the commission of the crime but can occur before final conviction or even after conviction if an appeal is pending (subject to debates in some jurisprudence).
    • Extends to Co-Accused: Under Article 344’s traditional rule, when the principal offender marries the offended party, the criminal liability of co-principals, accomplices, or accessories is likewise extinguished.

  3. Practical and Policy Considerations

    • The theory that “honor is restored” upon marriage is widely seen as archaic. Nonetheless, unless amended by Congress, the text remains in effect for seduction, abduction, and acts of lasciviousness.
    • In actual practice, courts scrutinize the validity of the marriage to ensure it is not merely a means to evade punishment.

4. Effect on Civil Liability

  • Total Extinction of Criminal Liability under the rule of subsequent marriage generally carries with it the extinction of the corresponding civil liability arising from the offense.
  • Note, however, that if the offended party has claims based on other civil causes of action (e.g., independent civil action for damages under the Civil Code), those might still be pursued if based on a separate legal ground. But under the usual understanding, the “civil liability ex delicto” (i.e., the liability to indemnify the victim for the crime) is extinguished.

5. Illustrative Jurisprudence and Points of Caution

  1. Validity is Key
    • Courts have invalidated marriages found to be forced or simulated. In such cases, criminal liability is not extinguished.
  2. No Automatic Mechanism in Rape After RA 8353
    • Several Supreme Court decisions emphasize that the old “automatic extinguishment” in rape cases no longer applies. Rape is now public in nature; the State pursues prosecution notwithstanding the personal relationship between the parties post-fact.
  3. Historical vs. Contemporary Approach
    • Practitioners and students must be aware of the shift in the law. Reading older case law or textbooks might be confusing if they predate R.A. 8353. Always verify if the case or commentary discusses the pre-1997 or post-1997 legal regime for rape.

6. Summary of Key Takeaways

  1. Marriage Still Extinguishes Criminal Liability in:

    • Qualified Seduction,
    • Simple Seduction,
    • Forcible Abduction,
    • Consented Abduction,
    • Acts of Lasciviousness.

  2. Marriage Does Not Extinguish Liability for Rape under current law (post-1997).

  3. Validity of the Marriage must be established:

    • Must comply with the Family Code requirements (e.g., legal capacity of parties, presence of a valid marriage license, authority of solemnizing officer, etc.).
    • Must not be procured by intimidation, fraud, or other means vitiating consent.

  4. Old Reasoning / Public Policy:

    • The law originally aimed to “restore honor” to the offended woman. This rationale has been criticized as outdated but persists in the statutory text for certain private crimes.

  5. Extinction is “Total”:

    • Applies to criminal liability and generally to the civil liability ex delicto.
    • Also extends to co-principals, accomplices, and accessories if the principal marries the offended party.

Final Note

This “marriage-extinguishment” concept under the Revised Penal Code is one of the more controversial remnants of the Philippines’ older penal policy on “crimes against chastity.” While significant reforms (especially for rape) have curtailed its applicability, it still stands for specific crimes of seduction, abduction, and acts of lasciviousness. Practitioners must check subsequent statutes, Supreme Court decisions, and the Family Code provisions on marriage validity to fully assess whether criminal liability can indeed be extinguished by the marriage in a given case.

Should you encounter a real-life scenario involving these provisions, consult a competent legal professional to examine the particular facts, verify the validity of the marriage, and determine the up-to-date jurisprudential stance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Prescription of Penalties | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Prescription of Penalties: Extinction of Criminal Liability under the Revised Penal Code (Book One)

Prescription of Penalties is a mode of extinguishing criminal liability by the lapse of the time prescribed by law for the enforcement or service of a penalty. It operates as a bar to the execution of penalties after a specified period. This doctrine is rooted in the principle of justice and equity, recognizing that the passage of time may diminish the necessity or propriety of enforcement.

Legal Basis

  • Articles 92 to 95 of the Revised Penal Code (RPC) provide the specific rules governing the prescription of penalties.
  • It is classified under Total Extinction of Criminal Liability (Article 89), which extinguishes the punishment of a convict entirely.

Prescription Periods for Penalties (Article 92, RPC)

The law specifies distinct prescription periods based on the nature and severity of the penalties:

  1. Death and Reclusion Perpetua (Life Imprisonment)

    • Prescription Period: 20 years
    • Explanation: After 20 years from the finality of the judgment, the State loses the right to enforce these penalties.

  2. Other Afflictive Penalties (e.g., Reclusion Temporal, Perpetual or Temporary Absolute Disqualification, Perpetual or Temporary Special Disqualification, and Prision Mayor)

    • Prescription Period: 15 years
    • These penalties are considered serious but less severe than death or reclusion perpetua.

  3. Correctional Penalties (e.g., Prision Correccional, Arresto Mayor, Suspension, and Destierro)

    • Prescription Period: 10 years, except destierro (5 years)
    • Destierro has a shorter prescription period due to its relatively less severe nature.

  4. Light Penalties (e.g., Arresto Menor)

    • Prescription Period: 1 year
    • These penalties involve minor infractions with less serious consequences.

Commencement of Prescription Period

The period for the prescription of penalties begins to run:

  1. From the date of the finality of judgment; or
  2. If the penalty is not imposed immediately, from the date when the convict evades service of the sentence (e.g., escapes custody or fails to surrender).

Interruptions of Prescription Period

Prescription of penalties is interrupted by:

  1. Service of the penalty - The prescription ceases to run while the convict is serving the penalty.
  2. Commission of another crime - If the offender commits a new crime before the period for the first penalty prescribes, the prescription of the earlier penalty is interrupted.

Key Considerations in the Application

  1. Automatic Extinction:

    • Once the prescription period lapses, the penalty is automatically extinguished. There is no need for a judicial declaration to this effect.

  2. Distinct from Prescription of Crimes:

    • The prescription of penalties deals with the enforcement of penalties after conviction.
    • In contrast, the prescription of crimes under Article 90 pertains to the extinguishment of criminal liability before conviction due to the lapse of time.

  3. Application to Subsidiary Penalties:

    • Subsidiary penalties (e.g., subsidiary imprisonment for failure to pay fines) also prescribe after the period corresponding to their principal penalties.

  4. Circumstances Preventing Prescription:

    • If the convict is outside the jurisdiction of the Philippines and beyond the reach of Philippine authorities, the prescription of the penalty does not run.
    • Absence or concealment acts as a tolling mechanism.

Illustrative Examples

  1. Convict Evades Sentence:
    A convict sentenced to reclusion perpetua escapes after final judgment. If he evades recapture for 20 years, the penalty can no longer be enforced.

  2. Light Penalty (Arresto Menor):
    A person sentenced to 30 days of imprisonment fails to serve the penalty. If authorities do not enforce it within 1 year, the penalty prescribes.

  3. Correctional Penalty (Destierro):
    If a person sentenced to destierro fails to comply and remains undetected for 5 years, enforcement is barred.

Rationale for Prescription of Penalties

  • Equity and Leniency: Recognizes that prolonged non-enforcement diminishes the rehabilitative and deterrent effects of penalties.
  • Judicial Economy: Prevents the endless pursuit of convicts, allowing the State to allocate resources efficiently.
  • Certainty and Finality: Encourages closure and legal stability over time.

By following these rules, the principle of prescription ensures that penalties are enforced fairly and promptly while balancing the rights of the convict against the interests of the State.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Prescription of Crimes [See Periods of Prescription for Violations Penalized by Special Acts, R.A. No. 3326] | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

EXTINCTION OF CRIMINAL LIABILITY

Total Extinction

Prescription of Crimes

The prescription of crimes under the Revised Penal Code and special laws involves the lapse of a certain period during which no action is taken against the offender. Once the prescriptive period lapses, the criminal liability is extinguished, and no prosecution can be instituted or continued. This doctrine is founded on the principle that the law encourages vigilance and punishes inaction.

1. Legal Basis

  1. Revised Penal Code (RPC)
    Articles 89 and 91 of the Revised Penal Code outline prescription as one of the grounds for the extinction of criminal liability. Specifically:

    • Article 89 states that criminal liability is extinguished by the prescription of the crime and of the penalty.
    • Article 91 explains when prescription begins to run and when it is interrupted.

  2. R.A. No. 3326 (Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal Ordinances)
    This law governs the prescription of offenses penalized by special laws where the prescriptive periods are not expressly provided.

2. Prescription Under the Revised Penal Code

General Principles

  1. Commencement of Prescription

    • The prescriptive period begins to run from the day the crime is committed unless the crime is subject to specific conditions, such as continuing offenses or conspiracy, where the prescription begins at the conclusion of the crime.
    • For crimes not discovered immediately, prescription begins from the day the crime becomes known to authorities or its injured party.

  2. Interruption of Prescription

    • Prescription is interrupted by the filing of a complaint or information in court. Once interrupted, the prescriptive period resets and does not run anew until the case is dismissed or otherwise terminated without conviction.

Periods of Prescription Under the RPC

  • Crimes punishable by death, reclusion perpetua, or reclusion temporal: 20 years.
  • Crimes punishable by other afflictive penalties: 15 years.
  • Crimes punishable by correctional penalties: 10 years.
  • Crimes punishable by arresto mayor: 5 years.
  • Libel and similar offenses: 1 year.
  • Oral defamation and slander by deed: 6 months.
  • Light offenses: 2 months.

3. Prescription Under R.A. No. 3326

Applicability

  • R.A. No. 3326 governs the prescription of crimes penalized under special laws, municipal ordinances, and administrative regulations unless the specific law provides otherwise.

Periods of Prescription Under R.A. No. 3326

  • Offenses punished by imprisonment of 6 years or more: 12 years.
  • Offenses punished by imprisonment of less than 6 years: 5 years.
  • Offenses punishable by fine only or an equivalent penalty: 1 year.

Commencement and Interruption

  1. Commencement
    • The prescriptive period starts from the day of the commission of the violation or, for continuing offenses, from the day it ceases.
  2. Interruption
    • Similar to the RPC, prescription is interrupted by the filing of a judicial or administrative complaint. Interruption ceases once the case is dismissed without final judgment.

4. Judicial and Doctrinal Guidelines

  1. Crimes Not Subject to Prescription

    • Certain crimes are imprescriptible due to their grave nature or international conventions, such as:
      • Crimes against humanity.
      • War crimes.
      • Genocide.
      • Treason (Article 114, RPC).

  2. Continuing Crimes

    • For continuing crimes like kidnapping, prescription begins to run only from the cessation of the unlawful act.

  3. Discovery Rule

    • For certain offenses, particularly those involving fraud or concealment, courts may apply the discovery rule, where prescription begins to run from the time the offense is discovered.

  4. Amendments or Revisions

    • Legislative amendments may alter the prescriptive period, but these typically do not apply retroactively unless they are favorable to the accused (Article 22, RPC).

5. Key Jurisprudence

  1. People v. Tayco

    • The Supreme Court held that the filing of a complaint in the fiscal’s office interrupts the running of the prescriptive period, emphasizing the importance of initiating legal action promptly.

  2. People v. Sandiganbayan

    • Clarified the rules on prescription for offenses penalized under special laws and reiterated the applicability of R.A. No. 3326.

  3. Zaldivar v. Sandiganbayan

    • The Court emphasized that prescription serves to penalize inaction, prevent stale claims, and encourage diligence in prosecuting offenses.

  4. Ladlad v. Velasco

    • Discussed the impact of prescription on political crimes and reiterated that no prosecution can be commenced after the prescriptive period lapses.

6. Summary

  • Prescription of crimes extinguishes criminal liability after the lapse of the prescribed period unless interrupted.
  • The prescriptive period is longer for graver offenses and shorter for light offenses.
  • R.A. No. 3326 supplements the RPC by providing prescriptive periods for crimes under special laws.
  • Timeliness in filing complaints is critical to ensuring prosecution and preventing dismissal due to prescription.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Absolute Pardon | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Absolute Pardon under Criminal Law

Absolute pardon refers to the complete and unconditional forgiveness granted by the Chief Executive (President in the Philippines) to a person convicted of a crime. It is a sovereign act of mercy that totally extinguishes the criminal liability of the offender. This form of pardon is explicitly provided for under Article VII, Section 19 of the 1987 Philippine Constitution, which grants the President the exclusive power to grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment, except in cases of impeachment.

Key Features of Absolute Pardon

  1. Nature and Effect:

    • Absolute pardon erases the effects of the conviction, including the principal penalty and accessory penalties.
    • It restores the individual’s civil and political rights, such as the right to vote and the right to hold public office, unless the pardon explicitly states otherwise.

  2. Scope of Coverage:

    • It applies only after final judgment. An absolute pardon cannot be granted to a person whose case is still pending in court or where judgment is not yet final.
    • It covers the total extinction of criminal liability, including imprisonment and fines.

  3. Conditions:

    • Unlike conditional pardon, absolute pardon is not subject to any conditions. It is unconditional and irrevocable once granted.
    • There are no further obligations imposed on the grantee after its issuance.

  4. Purpose:

    • It serves as a measure of grace to alleviate the harshness of the law when justice, equity, or compassion demands it.
    • It is often granted in cases of wrongful conviction, extraordinary rehabilitation, or acts of exceptional public service by the offender after serving the sentence.

Effects of Absolute Pardon

  1. On Civil Rights:

    • Absolute pardon restores civil rights forfeited as a result of the conviction, such as:
      • The right to vote (disenfranchisement due to conviction is lifted).
      • The right to hold public office.
      • The right to practice a profession (e.g., the practice of law for lawyers).

  2. On Criminal Records:

    • While absolute pardon extinguishes criminal liability, it does not necessarily erase the record of conviction. The pardon does not operate as an acquittal or expunction of criminal records unless explicitly stated by law.

  3. On Pending Civil Liabilities:

    • The pardon does not affect the offender’s civil liabilities arising from the offense (e.g., indemnity, restitution, or damages to the aggrieved party).

  4. On Employment Disqualification:

    • A person who has been absolutely pardoned is no longer disqualified from seeking employment in government or private sectors, unless otherwise specified in the pardon.

Distinction from Conditional Pardon

Absolute Pardon Conditional Pardon
Total extinction of criminal liability. Partial extinction of criminal liability.
No conditions imposed on the grantee. Subject to compliance with conditions.
Irrevocable once granted. Revocable if conditions are violated.
Restores all civil and political rights. May not necessarily restore all rights.

Legal and Practical Considerations

  1. Authority to Grant:

    • The President exercises discretion in granting absolute pardon, subject to procedural guidelines set forth by the Board of Pardons and Parole (BPP).

  2. Application Process:

    • The convicted individual or a representative submits an application for pardon to the BPP.
    • The BPP evaluates the application based on factors such as:
      • Nature and gravity of the offense.
      • Conduct of the offender while serving the sentence.
      • Time served and evidence of rehabilitation.
    • The BPP makes a recommendation to the President, who has the final say.

  3. Impeachment Exception:

    • Absolute pardon cannot be granted in cases of impeachment. Public officials removed by impeachment cannot be pardoned for offenses related to their impeachment.

  4. Judicial Review:

    • The grant of absolute pardon is generally not subject to judicial review, being a political question. Courts cannot question the wisdom or propriety of the President’s exercise of this power.

Relevant Jurisprudence

  1. Monsanto v. Factoran Jr. (G.R. No. 78239, February 9, 1989):

    • Absolute pardon obliterates the conviction and restores the grantee to full civil and political rights.
    • However, it does not automatically entitle the pardoned individual to reinstatement to a former position or employment.

  2. In Re: Lontok (43 Phil. 293):

    • Absolute pardon restores the capacity to practice a profession but does not nullify the conviction itself. The record of conviction may still stand.

  3. Garcia v. Chairman, COA (G.R. No. 75050, January 30, 1989):

    • Pardon does not absolve a public officer of administrative liabilities unless explicitly stated in the pardon.

  4. People v. Salle (G.R. No. 103567, May 28, 1993):

    • Pardon granted after conviction does not preclude the court from imposing civil liability related to the crime.

Practical Applications

  • Rehabilitation of Offenders: Absolute pardon provides an opportunity for reformed individuals to reintegrate into society without the stigma of their conviction.
  • Political Implications: It is sometimes used for political reconciliation or to address historical injustices.
  • Presidential Discretion: While its use is subject to abuse, the constitutional mandate ensures the exclusivity of this power to the Executive.

Absolute pardon is a profound expression of mercy and justice, balancing the rigidity of the law with compassion and equity. Its proper exercise reflects the society’s commitment to rehabilitation and the reintegration of individuals into the community.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Amnesty | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Amnesty under Criminal Law: Total Extinction of Criminal Liability

Amnesty is a constitutional act of sovereign grace by which the State obliterates the criminal liability of individuals or classes of individuals for specific offenses. It is a mode of total extinction of criminal liability provided under the Revised Penal Code (RPC) of the Philippines.

Legal Basis

  1. Constitutional Provision:

    • Article VII, Section 19 of the 1987 Philippine Constitution empowers the President to grant amnesty with the concurrence of a majority of all members of Congress.

  2. Revised Penal Code:

    • Amnesty is categorized under Article 89 of the RPC, which lists the grounds for the total extinction of criminal liability.

Characteristics of Amnesty

  1. Public Act:

    • Unlike a pardon, which is a private act affecting an individual, amnesty is a public act of the State, typically issued through a proclamation.

  2. Retroactive Application:

    • Amnesty has a retroactive effect, effectively extinguishing the criminal liability for acts committed prior to its issuance.

  3. Political Nature:

    • Amnesty is generally granted for political offenses, such as rebellion, sedition, or treason, often as part of national reconciliation efforts.

  4. Scope and Coverage:

    • It is often granted to classes or groups of individuals (e.g., insurgents) rather than to specific individuals.

  5. Requires Congressional Concurrence:

    • The President cannot unilaterally grant amnesty; it requires the approval of a majority of all members of Congress.

Process of Granting Amnesty

  1. Presidential Proclamation:

    • The President issues a proclamation specifying the terms, conditions, and scope of the amnesty.

  2. Congressional Concurrence:

    • A majority of all members of Congress must approve the proclamation.

  3. Application for Amnesty:

    • Persons covered by the proclamation must file a formal application for amnesty before the designated authority or committee within the specified period.

  4. Determination of Qualification:

    • A designated body, such as the Amnesty Commission, reviews applications to determine whether the applicant qualifies under the terms of the proclamation.

  5. Effect of Grant:

    • Upon approval of the application, the criminal liability for the specified offense is extinguished.

Distinction Between Amnesty and Pardon

Feature Amnesty Pardon
Nature Public act; addresses groups or classes. Private act; addresses individuals.
Concurrence Requires Congressional concurrence. Solely the President's prerogative.
Effect Extinguishes both criminal liability and penalties. Extinguishes penalties but not criminal liability.
Application Retroactive. Prospective.
Scope Generally for political offenses. Covers all types of offenses.

Effects of Amnesty

  1. Total Extinction of Criminal Liability:

    • Both the criminal liability and its associated penalties are extinguished.

  2. Restoration of Civil Rights:

    • Civil rights and political privileges that may have been forfeited due to conviction are restored.

  3. Non-Inclusion in Criminal Records:

    • Acts covered by amnesty are obliterated from the criminal records of the grantee.

Limitations of Amnesty

  1. Scope Defined by Proclamation:

    • Amnesty only covers offenses explicitly enumerated in the proclamation.

  2. No Application to Civil Liability:

    • While criminal liability is extinguished, civil liability (e.g., for damages) remains unless explicitly stated in the proclamation.

  3. No Automatic Coverage:

    • Individuals must apply for amnesty within the prescribed period and comply with the conditions.

Relevant Jurisprudence

  1. People v. Vera (65 Phil. 56):

    • Defined amnesty as an act of oblivion or forgetfulness of past acts, granted by the government for political offenses.

  2. Barrioquinto v. Fernandez (82 Phil. 642):

    • Distinguished between pardon and amnesty, emphasizing that amnesty obliterates the offense itself.

  3. Monsanto v. Factoran (G.R. No. 78239, 1989):

    • Held that while amnesty removes the criminal liability, it does not automatically erase civil liability unless explicitly stated.

Practical Applications

Amnesty is often granted in the context of:

  • Peace negotiations with rebel groups (e.g., NPA, MNLF, MILF).
  • Post-conflict reconciliation and reintegration.
  • Transitional justice in the aftermath of political upheavals.

Conclusion

Amnesty is a powerful tool for the State to promote reconciliation, peace, and national unity. Its retroactive effect and broad coverage make it a distinct mechanism for extinguishing criminal liability, subject to clear procedural and constitutional safeguards.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Service of Sentence | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > G. Extinction of Criminal Liability > 1. Total Extinction > b. Service of Sentence

Under the Revised Penal Code of the Philippines, criminal liability is extinguished in various ways, including through the service of sentence. This section provides a comprehensive discussion on the rules, principles, and nuances involved.

1. Legal Basis

The service of sentence as a mode of extinguishing criminal liability is primarily governed by Article 89 of the Revised Penal Code, which lists the causes for the total extinction of criminal liability. The specific provision addressing service of sentence is grounded in the idea that once the offender has fully served the penalty imposed by the court, their criminal liability is considered extinguished.

2. Concept and Nature of Service of Sentence

The service of sentence involves the actual compliance of the convict with the penalty imposed by final judgment. It reflects the fulfillment of the punishment required by the state as retribution for the crime committed.

Key elements include:

  • Finality of Judgment: The judgment of conviction must be final and executory.
  • Actual Compliance: The convict must undergo the penalty in accordance with the law, whether it involves imprisonment, fines, or other forms of penalty.

3. Modes of Service of Sentence

Service of sentence depends on the type of penalty imposed:

A. For Deprivation of Liberty (e.g., Reclusion Perpetua, Reclusion Temporal, Prision Mayor, Prision Correccional, Arresto Mayor, Arresto Menor):

  • The convict serves the sentence in a penal institution designated by the Bureau of Corrections (for penalties exceeding three years) or the Bureau of Jail Management and Penology (for penalties three years or below).
  • Service must adhere strictly to the period and conditions imposed by the judgment.
  • Reduction of Penalty: Time served may be reduced by:
    • Good Conduct Time Allowance (GCTA): Under Republic Act No. 10592, convicts exhibiting good behavior may earn deductions from their sentence.
    • Preventive Imprisonment Deduction: Under Article 29 of the Revised Penal Code, preventive imprisonment is credited toward the service of the sentence.

B. For Pecuniary Penalties (e.g., Fines, Indemnities, Restitution):

  • Criminal liability is extinguished upon full payment of the amount specified in the judgment.
  • If the convict cannot pay the fine, subsidiary imprisonment may be imposed as provided under Article 39 of the Revised Penal Code.

C. For Accessory Penalties (e.g., civil interdiction, suspension of political rights):

  • Accessory penalties are served automatically as a consequence of the principal penalty unless otherwise commuted or pardoned.

D. For Penalties Involving Death:

  • The penalty of death has been abolished under Republic Act No. 9346. Sentences of death were commuted to reclusion perpetua without eligibility for parole.

4. Effects of Compliance

The full service of a sentence results in the total extinction of criminal liability for the crime committed. The convict is restored to the same status as before the conviction, subject to the following:

  • Restoration of Civil Rights: Political and civil rights forfeited as a result of conviction are automatically restored upon the service of sentence, except for disqualifications expressly imposed by law (e.g., perpetual absolute disqualification under certain penalties).
  • Retention of Criminal Record: Although liability is extinguished, the criminal record remains unless expunged by law, such as through an executive clemency or judicial expungement.

5. Special Considerations

A. Effect of Escapes and Evasion

  • If a convict escapes or evades service of sentence, criminal liability is not extinguished. The computation of service of sentence is suspended during the period of evasion.
  • Article 157 penalizes an escaped convict, while the service of the original penalty resumes upon recapture.

B. Amnesty and Pardon

  • Service of sentence may be shortened by pardon or amnesty.
    • A pardon (executive clemency) does not erase criminal records unless expressly stated.
    • Amnesty extinguishes both the crime and the penalty, retroactively wiping out criminal liability.

C. Application of GCTA and Preventive Imprisonment

  • Deductions from the sentence under GCTA and preventive imprisonment are subject to the convict's good behavior and compliance with prison rules.
  • GCTA reforms (Republic Act No. 10592) emphasize rehabilitation and reintegration but have faced legal scrutiny regarding eligibility for heinous crimes.

6. Jurisprudence

Key Cases:

  • People v. Ducosin (59 Phil. 109): Emphasized that service of sentence extinguishes the criminal liability of the offender completely.
  • Guevarra v. Court of Appeals (211 SCRA 361): Clarified that failure to comply with the specific terms of the penalty may delay the extinction of criminal liability.
  • Baylon v. Fact-Finding Commission (G.R. No. 114732): Highlighted the conditions for crediting preventive imprisonment and good conduct time.

7. Conclusion

Service of sentence remains a critical mode of extinguishing criminal liability under Philippine criminal law. It serves as the state's mechanism for ensuring justice, rehabilitation, and accountability. The full execution of the penalty ensures the restoration of social order, while mechanisms like GCTA and pardon reflect the law's recognition of reformative justice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Death of Convict | Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

Extinction of Criminal Liability: Death of the Convict

The death of a convict leads to the total extinction of criminal liability as provided under Article 89 of the Revised Penal Code (RPC) of the Philippines. Below is a meticulous and detailed explanation of the principles, legal consequences, and exceptions related to this provision.

I. Legal Basis: Article 89 of the Revised Penal Code

Under Article 89, criminal liability is totally extinguished by:

  1. The death of the convict, as to personal penalties and pecuniary penalties (except civil liabilities).

II. Effects of Death on Criminal Liability

  1. Personal Penalties

    • All personal penalties are extinguished upon the death of the convict.
    • Examples include:
      • Imprisonment.
      • Destierro (banishment).
      • Death penalty (if not yet executed before abolition).

  2. Pecuniary Penalties

    • Pecuniary penalties such as fines are also extinguished, except when they form part of a civil liability.

  3. Civil Liabilities

    • The death of the convict does not extinguish civil liability unless:
      • The obligation is purely personal and cannot survive the person.
      • Specific laws provide otherwise.

III. Civil Liabilities After Death

  1. General Rule

    • Civil liabilities survive the death of the convict and may be pursued against the convict's estate.
    • Example: Payment for damages to the victim of the crime.

  2. Exceptions

    • If the action is personal in nature (e.g., obligations that arise from contracts involving personal skill or confidence), the liability is extinguished.
    • If the civil action is deemed to abate due to the nature of the claim.

IV. Death During Appeal

The rules regarding the effect of a convict’s death during the pendency of an appeal are particularly nuanced.

  1. General Rule: Abatement of Criminal Action

    • If the convict dies while the appeal of their conviction is pending, both the criminal and civil actions are extinguished. This is based on the doctrine that death deprives the court of jurisdiction over the person of the accused.

  2. Effect on Civil Liability

    • The independent civil action based on sources other than the act constituting the offense may survive. These include:
      • Quasi-delicts under Article 2176 of the Civil Code.
      • Contractual obligations.

V. Death After Final Judgment

  1. Criminal Liability

    • If the convict dies after the judgment becomes final, the penalty imposed is extinguished.

  2. Civil Liability

    • Civil liability adjudicated in the final judgment survives and may be enforced against the estate.

VI. Relevant Jurisprudence

  1. People v. Bayotas (G.R. No. 102007, September 2, 1994)

    • The Supreme Court clarified the rule that the death of the accused extinguishes both the criminal liability and civil liability based solely on the crime, provided the appeal is pending. Independent civil actions remain unaffected.

  2. People v. Saligan (G.R. No. 237761, July 27, 2021)

    • The Court reiterated that death of the convict during appeal renders the judgment ineffectual as if no charge was ever filed.

VII. Summary of Effects

Scenario Criminal Liability Civil Liability
Death before filing of charges No liability arises No liability arises
Death during trial Extinguished May survive if independent
Death during appeal Extinguished Extinguished (if based on crime)
Death after final judgment Extinguished Survives against estate

VIII. Procedural Implications

  1. For Pending Cases

    • The court must order the dismissal of the criminal case due to the death of the accused.
    • The public prosecutor may pursue independent civil actions, if any.

  2. For Final Judgments

    • Execution of civil liability must be filed against the estate in the proper probate court.

IX. Exceptions in Special Penal Laws

Some special penal laws may include provisions altering the general rule under Article 89. However, these must be specifically provided by the statute and are strictly construed.

X. Practical Considerations

  1. Notification

    • The death of the convict must be properly notified to the court to facilitate the extinction of liability.

  2. Estate Proceedings

    • Civil actions posthumously pursued must adhere to the procedural rules for claims against an estate under the Rules of Court.

  3. Claims Hierarchy

    • Claims arising from civil liability based on the crime are subordinate to statutory priorities in estate distribution (e.g., funeral expenses, debts).

This comprehensive treatment encapsulates all significant aspects of the extinction of criminal liability due to the death of the convict under Philippine criminal law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Total Extinction | Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

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

  1. Criminal Penalty

    • Completely extinguished, whether the penalty has been partially or fully served.

  2. 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.

  3. 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

  1. 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.

  2. 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.

  3. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Extinction of Criminal Liability | REVISED PENAL CODE – BOOK ONE

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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).

  8. 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

  1. 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.

  2. Death After Final Judgment

    • Civil liability ex delicto survives and is enforceable against the estate of the offender.

  3. Amnesty and Absolute Pardon

    • Amnesty extinguishes civil liability ex delicto.
    • Absolute pardon does not affect civil liability unless explicitly stated in the pardon.

  4. 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

  1. 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.

  2. 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

  1. Complex Crimes and Continuous Crimes

    • Prescription applies to the crime as a whole and not to individual acts constituting the offense.

  2. Crimes Against the State

    • Certain crimes, such as treason, do not prescribe, in line with Article 114.

  3. 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.

  4. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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