TOTAL EXTINCTION OF

CRIMINAL LIABILITY
How criminal liability is totally extinguished –Art.89
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs before final judgement;
2. By service of the sentence;

-The sentence, if it be one of imprisonment, must be served inside a penal institution, unless he
is on probation or he was granted parole after serving the minimum term of imprisonment pursuant
to the Indeterminate Sentence Law.
-The period during which the convict evaded the service of his sentence is not included in the
service of his sentence.
-The only sentence that can be served outside of prison are the penalty is destierro (Art.87) or
arresto menor (Art.88 in the house of the convict under the surveillance of an officer taking into
consideration the health of the offender and other justifiable reasons).
 3. By amnesty, which completely 4. By absolute pardon;
extinguishes the penalty and all its effects;
1. Granted by the president for
1. Granted by the President to classes of ordinary crimes
persons who may be guilty of political
offenses 2. Does not need the concurrence of
Congress to be effective
2. Needs the concurrence of the congress
to be effective 3. relieves the offender from the
3. Abolishes and puts into oblivion the consequences of the offense of which he
offense itself, that the person released by has been convicted, he will no
amnesty stands before the law precisely as longer be imprisoned, but the effects of
though he has committed no offense. the conviction remains.
4. May be granted even before conviction 4. Granted after final conviction
5. By prescription of the crime;
-it is a loss of the right of the state to prosecute an offender after the lapse
of a certain period.
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this
code.
Prescription of crime -Art. 90
It is the loss of forfeiture of the right of the State to prosecute the offender
after the lapse of a certain time fixed by law.
 Crimes punishable by death, reclusion Perpetua or reclusion temporal shall
prescribe in twenty years.
 Crimes punishable by other afflictive penalties shall prescribe in fifteen
years.
 Those punishable by correctional penalty shall prescribe in ten years; with
the exception of those punishable by arresto mayor, which shall prescribe in
five years.
 The crime of libel or other similar offenses shall prescribe in one year.
 The crime of oral defamation and slander by deed shall prescribe in six
months.
 Light offenses prescribe in two months. When the penalty fixed by law is a
compound one, the highest penalty shall be made the basis of application of
the rules contained in the first, second and third paragraphs of this article. (as
amended by RA 4661, approved June 19, 1996)
Computation of prescription of offenses- Art.91
• The period of prescription shall commence to run from the day on which the
crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, and shall
commence to run again when proceedings terminate without the accused
being convicted or acquitted, or are unjustifiably stopped for any reason not
imputable to him.
• The term of prescription shall not run when the offender is absent from the
Philippine Archipelago.
Article 92. When and how penalties prescribe. _The penalties
imposed by final sentence prescribe as follows:
1. Death and reclusion Perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the exception of the penalty of
arresto mayor, which prescribes in five years;
4. Light penalties, in one year.
Computation of prescription of penalties. Art.93
• The period of prescription of penalties shall commence to run from the date
when the culprit should evade the service of his sentence, and it shall be
interrupted if the defendant should give himself up, be captured, should go to
some foreign country with which this Government has no extradition treaty,
or should commit another crime before the expiration of the period of
prescription
Partial Extinction Of Criminal Liability. –Art.94
Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving his
sentence. (As amended by R.A No. 10592)
Obligation Incurred By Person Granted Conditional Pardon. -Art. 95
• Any person who has been granted conditional pardon shall incur obligation
of complying strictly with the conditions imposed therein; otherwise, his
noncompliance with any of the conditions specified shall result in the
revocation of the pardon and the provisions of Article 159 shall be applied to
him.
Effects Of Communication Of Sentence. –Art.96
The commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
Allowance for good conduct. –Art.97
The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:
1. During the first the first two years of his imprisonment, he shall be allowed
a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a deduction of eight days for each month of good behavior.
3. During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each month of
good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of fifteen days for each month of good behavior.
Special Time Allowance For Loyalty. –Art.98
A deduction of one-fifth of the period of hid sentence shall be granted to any
prisoner who, having evade his preventive imprisonment or the service of his
sentence under the circumstances mentioned in Article 158 of this code, gives
himself up to the authorities within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity or catastrophe
referred to in said article. A deduction of 2/5 of the period to stay in the place
of his confinement notwithstanding the existence of a calamity or catastrophe
enumerated in Article 158 of this code.
Who grants time allowance. –Art. 99
Whenever lawfully justified, the Director of the Bureau of
Corrections, the Chief of the Bureau of Jail Management
and Penology and/or the warden of a provincial, district,
municipal or city of jail shall grant allowances for good
conduct. Such allowances once granted shall not be
revoked. (As amended by R.A No. 10592)
Thank You For Listening!
CRIMINAL LAW BOOK 1
BSCRIM 3D
GROUP 4
MEMBERS:
Julian, Mark Rojin Maldo, Gillian Jor
Lapitan, Jesus Jr. Mariano, Orlando
Lorenzo, John Brian Ngarangad, Ralph Angelo

Lugmoc, Dan Scott Nipahoy, Stefanie