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.