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.