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Practice Exams

Module 1.7: Extinction of Criminal Liability

1. Learning Objectives

After completing this module, you should be able to:

  • Identify and differentiate the various modes of total and partial extinction of criminal liability under the Revised Penal Code.
  • Analyze the effects of a convict's death on their criminal and civil liabilities.
  • Distinguish between amnesty and pardon, and explain their respective legal consequences.
  • Apply the rules on the prescription of crimes and penalties to given scenarios.
  • Explain the concept of Good Conduct Time Allowance (GCTA) and its role in the partial extinction of liability.

2. TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89, RPC)

Criminal liability is totally extinguished by:

A. Death of the Convict

  • Effect on Personal and Pecuniary Penalties: The death of the convict, after final judgment, extinguishes both the personal penalties (like imprisonment) and the pecuniary penalties (fines).
  • Civil Liability:
    • Extinguished: Civil liability arising from the crime is extinguished ONLY if the death occurs BEFORE final judgment.
    • Not Extinguished: If the convict dies AFTER final judgment, the civil liability is NOT extinguished. The estate of the deceased can be made to satisfy the civil liability.

B. Service of Sentence

The convict's complete service of the penalty imposed by the court extinguishes the criminal liability. This does not, however, extinguish the civil liability.

C. Amnesty

  • Definition and Nature: Amnesty is an act of the sovereign power (the President, with the concurrence of a majority of all the members of Congress) granting a general pardon to a class of persons, usually for political offenses.
  • Difference from Pardon:
    • Amnesty is granted to a class of persons; Pardon is granted to an individual.
    • Amnesty is for political offenses; Pardon is usually for common crimes.
    • Amnesty requires the concurrence of Congress; Pardon does not.
    • Amnesty may be granted before or after conviction; Pardon is granted only after conviction.
  • Effects: Amnesty completely extinguishes the penalty and all its effects. It is as if the person never committed the crime.

D. Absolute Pardon

  • Definition: An act of grace from the President which removes the penalties and disabilities imposed by law and restores the person to their civil and political rights.
  • Effects on Criminal and Civil Liability: It extinguishes the criminal liability of the offender. However, it does not extinguish the civil liability ex delicto (arising from the crime).
  • Limitations: The President cannot grant pardon for impeachment cases or for violations of election laws without the favorable recommendation of the Commission on Elections (COMELEC).

E. Prescription of Crime (Art. 90-91)

The forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain period.

  • Periods of Prescription for Different Crimes:

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

  • When Prescription Begins to Run (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.

  • When Prescription is Interrupted (Art. 91): The period is interrupted when the complaint or information is filed in court. It is NOT interrupted by the filing of the complaint with the prosecutor's office.

F. Prescription of Penalty (Art. 92-93)

The loss of the right of the State to execute the final sentence after the lapse of a certain period.

  • Periods for Different Penalties:

    • Death and reclusion perpetua: 20 years
    • Other afflictive penalties: 15 years
    • Correctional penalties: 10 years; except for arresto mayor which prescribes in 5 years.
    • Light penalties: 1 year

  • When Prescription Begins (Art. 93): The period of prescription of penalties shall commence to run from the date when the convict evades the service of his sentence.

G. Marriage of the Offended Woman

In cases of rape, seduction, abduction, or acts of lasciviousness, the subsequent valid marriage between the offender and the offended woman extinguishes the criminal action or penalty.

3. PARTIAL EXTINCTION OF CRIMINAL LIABILITY (Art. 94, RPC)

A. Conditional Pardon

  • Conditions: The President may grant a pardon with conditions. The offender must accept the conditions.
  • Violation of Conditions: If the convict violates any of the conditions, he shall be prosecuted for such violation under Art. 159 of the RPC, or the President may order his re-arrest and recommitment to serve the unexpired portion of his original sentence.

B. Commutation of Sentence

The reduction of the penalty to a lighter one. It is granted by the President. For example, reclusion perpetua may be commuted to reclusion temporal.

C. Good Conduct Allowance (GCTA - RA 10592)

A reduction of the period of imprisonment of a prisoner who has shown good behavior.

  • Rates of Good Conduct Time Allowance:
    • First 2 years of imprisonment: 20 days reduction for each month of actual service.
    • 3rd to 5th year: 23 days reduction for each month.
    • 6th to 10th year: 25 days reduction for each month.
    • 11th year and onwards: 30 days reduction for each month.
  • Who May Grant: 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 jail.

D. Parole

  • Definition: The conditional release of an offender from a correctional institution after he has served the minimum of his sentence.
  • Difference from Probation: Parole is granted after the offender has served part of his sentence in prison, while probation is a disposition under which a defendant, after conviction, is released subject to conditions and supervision of a probation officer, without serving any prison time.
  • Board of Pardons and Parole: The agency in charge of granting and revoking parole.

4. AMNESTY VS PARDON (Comparison Table)

Feature Amnesty Pardon
Beneficiaries A class or group of persons An individual
Type of Crime Usually political offenses Usually common crimes
Granting Body President, with concurrence of Congress President alone
Timing Before or after conviction Only after final conviction
Effect Looks backward and abolishes the offense Looks forward and relieves of the consequences
Public Act Yes, a public act which courts can notice A private act that must be pleaded and proved

5. PRESCRIPTION PERIODS TABLE

Crime Punishable By Prescription Period
Death, Reclusion Perpetua, Reclusion Temporal 20 years
Other Afflictive Penalties 15 years
Correctional Penalties (except Arresto Mayor) 10 years
Arresto Mayor 5 years
Libel 1 year
Oral Defamation, Slander by Deed 6 months
Light Offenses 2 months

6. Special Rules

  • Effect of Filing Complaint on Prescription: The prescription of a crime is interrupted by the filing of the information or complaint in court. The filing of the complaint at the prosecutor's office does NOT toll the prescriptive period.
  • Continuing Crimes and Prescription: For continuing or transitory crimes, the prescriptive period begins to run from the termination of the unlawful act. The complaint may be filed in any jurisdiction where the offense was committed.

7. Multiple Choice Practice Questions

  1. When is criminal liability totally extinguished? a) By commutation of sentence b) By parole c) By service of the sentence d) By conditional pardon

  2. Accused X was convicted of Homicide and sentenced to Reclusion Temporal. He died while his appeal was pending. What is the effect of his death? a) Criminal liability is extinguished, but civil liability subsists. b) Both criminal and civil liability are extinguished. c) Criminal liability is not extinguished. d) The case is passed on to his nearest relative.

  3. It is an act of the sovereign power granting a general pardon to a class of persons, usually for political offenses. a) Pardon b) Amnesty c) Reprieve d) Commutation

  4. Which of the following requires the concurrence of a majority of all the members of Congress? a) Absolute Pardon b) Conditional Pardon c) Amnesty d) Parole

  5. The period for the prescription of a crime punishable by an afflictive penalty is: a) 20 years b) 15 years c) 10 years d) 5 years

  6. The period of prescription of a crime commences to run from what day? a) From the day of the commission of the crime. b) From the day of the discovery of the crime by the offended party or authorities. c) From the day the information is filed in court. d) From the day a warrant of arrest is issued.

  7. Which of the following interrupts the running of the prescriptive period for a crime? a) The filing of a complaint with the barangay. b) The filing of a complaint with the fiscal's office. c) The filing of the information or complaint in court. d) The escape of the accused.

  8. The penalty of arresto mayor prescribes in: a) 10 years b) 5 years c) 1 year d) 6 months

  9. The prescription of a penalty begins to run from: a) The date of the promulgation of the sentence. b) The date the sentence becomes final. c) The date the convict evades service of sentence. d) The date of the commission of the crime.

  10. Which of the following is a cause for the partial extinction of criminal liability? a) Absolute pardon b) Prescription of crime c) Good Conduct Time Allowance (GCTA) d) Death of the convict

  11. Under RA 10592, for the first two years of imprisonment, how many days of GCTA can a prisoner earn per month? a) 15 days b) 20 days c) 23 days d) 30 days

  12. It is the conditional release of an offender after serving the minimum of his sentence. a) Probation b) Parole c) Commutation d) GCTA

  13. The main difference between pardon and amnesty is that: a) Pardon is granted by the President, amnesty by Congress. b) Pardon is for common crimes, amnesty is for political offenses. c) Pardon needs to be accepted, amnesty does not. d) Pardon extinguishes civil liability, amnesty does not.

  14. For the crime of libel, the prescriptive period is: a) 2 months b) 6 months c) 1 year d) 5 years

  15. What is the effect of an absolute pardon on the offender's liabilities? a) Extinguishes criminal and civil liability. b) Extinguishes criminal liability but not civil liability ex delicto. c) Does not extinguish both criminal and civil liability. d) Turns the criminal liability into a civil one.

  16. The crime of oral defamation prescribes in: a) 2 months b) 6 months c) 1 year d) 10 years

  17. The reduction of a sentence from Reclusion Perpetua to Reclusion Temporal is an example of: a) Conditional Pardon b) Commutation of Sentence c) Parole d) Amnesty

  18. The agency tasked with the granting of parole is the: a) Bureau of Corrections b) Department of Justice c) Board of Pardons and Parole d) Presidential Management Staff

  19. Which of the following is NOT a ground for total extinction of criminal liability? a) Marriage of the offended woman in a rape case. b) Service of sentence. c) Parole. d) Amnesty.

  20. A crime punishable by Reclusion Perpetua prescribes in: a) 10 years b) 15 years c) 20 years d) It does not prescribe.

  21. If a convict sentenced to Reclusion Temporal escapes, when does the prescription of his penalty start to run? a) Immediately upon his escape. b) One year after his escape. c) The day his original sentence would have ended. d) It does not run as he is a fugitive.

  22. The filing of a complaint at the prosecutor's office for a crime that is about to prescribe will: a) Interrupt the prescriptive period. b) Suspend the prescriptive period. c) Have no effect on the prescriptive period. d) Renew the prescriptive period.

  23. Which of the following is a key difference between Parole and Probation? a) Parole is granted by the court, Probation by the President. b) Parole involves serving part of a sentence in prison, Probation does not. c) Parole is for light offenses, Probation is for grave offenses. d) Parole is a right, Probation is a privilege.

  24. A light offense prescribes in: a) 1 month b) 2 months c) 6 months d) 1 year

  25. The death of the convict after final judgment will have what effect? a) Extinguishes all liabilities. b) Extinguishes the criminal liability and the civil liability arising from the crime. c) Extinguishes the criminal liability but not the civil liability. d) Does not extinguish any liability.

Answer Key & Explanations

  1. C) By service of the sentence. Service of sentence is one of the grounds for total extinction under Art. 89, RPC. The others are partial.
  2. B) Both criminal and civil liability are extinguished. If the death occurs before final judgment (i.e., while an appeal is pending), both liabilities are extinguished.
  3. B) Amnesty. This is the definition of amnesty, which is a public act for political offenses.
  4. C) Amnesty. The grant of amnesty by the President requires the concurrence of a majority of all the members of Congress.
  5. B) 15 years. Under Art. 90, crimes punishable by other afflictive penalties (other than death, RP, RT) prescribe in 15 years.
  6. B) From the day of the discovery of the crime by the offended party or authorities. Art. 91, RPC.
  7. C) The filing of the information or complaint in court. This is the rule established by jurisprudence. Filing with the fiscal does not interrupt the period.
  8. B) 5 years. Art. 90, RPC.
  9. C) The date the convict evades service of sentence. Art. 93, RPC.
  10. C) Good Conduct Time Allowance (GCTA). GCTA is a cause for partial extinction as it reduces the sentence to be served.
  11. B) 20 days. As per RA 10592, a prisoner gets 20 days of reduction for each month during the first two years.
  12. B) Parole. This is the definition of parole.
  13. B) Pardon is for common crimes, amnesty is for political offenses. This is the most fundamental difference between the two.
  14. C) 1 year. Art. 90, RPC.
  15. B) Extinguishes criminal liability but not civil liability ex delicto. The offended party can still file a separate civil action to recover damages.
  16. B) 6 months. Art. 90, RPC.
  17. B) Commutation of Sentence. This is the classic example of commuting a sentence to a lighter one.
  18. C) Board of Pardons and Parole. This is the body created by law for this purpose.
  19. C) Parole. Parole is a form of conditional release and is a cause for partial extinction.
  20. C) 20 years. Crimes punishable by death, reclusion perpetua, or reclusion temporal prescribe in 20 years.
  21. A) Immediately upon his escape. Art. 93 states that the prescription of penalty runs from the date the convict evades service of his sentence.
  22. C) Have no effect on the prescriptive period. The period is only interrupted by filing in court.
  23. B) Parole involves serving part of a sentence in prison, Probation does not. This is the primary distinction. In probation, the convict is not imprisoned at all.
  24. B) 2 months. Art. 90, RPC.
  25. C) Extinguishes the criminal liability but not the civil liability. If death occurs after final judgment, the pecuniary liabilities can be sourced from the convict's estate.