Title Four  FINAL JUDGEMENT “Sentencia Firma”

EXTINCTION OF CRIMINAL LIABILITY o Shall be understood as definite (having certain or

Chapter One distinct limits a definite period of time)
TOTAL EXTINCTION OF CRIMINAL LIABILITY o It is only then that judgement is confirmed (period set)
o In case of death, there can no longer be a
determination by final judgement because there is no
Art. 89. How criminal liability is totally extinguished. — Criminal
party defendant
liability is totally extinguished:
o ARTICLE 72 & 78 – in the sense that is already
1. By the death of the convict, as to the personal penalties and as to enforceable
pecuniary penalties, liability therefor is extinguished only when the o SECTION 7, Rule 116 of RRCP – judgement in a
death of the offender occurs before final judgment. criminal case becomes final:
1. After the lapse of period for perfecting an
2. By service of the sentence; appeal
3. By amnesty, which completely extinguishes the penalty and all its 2. Sentence has been partially or totally
effects; satisfied or served
3. Defendant expressly thru writing waived
4. By absolute pardon; his right to appeal
4. By applying a probation
5. By prescription of the crime;
5. Grant of withdrawal of an appeal
6. By prescription of the penalty;
o NOTE: if the judgement has not become or yet
7. By the marriage of the offended woman, as provided in Article 344 executory, it cannot be truthfully said that the
of this Code. accused is guilty of the case charged against him
 EFFECT OF DEATH
o It Extinguishes criminal liability at any stage of the
proceeding
o But that of civil liability shall be extinguished if death
occurs BEFORE final judgement
o BASIS: penalty requires personal service of sentence,
in case of death nobody will serve the penalty
o AGENT: acts of agent are only limited, and there are
certain acts which can only be done personally such
as service of sentence

Criminal Law [Articles 89-99 Notes]

 DOES ART. 30 OF CC AUTHORIZE THE APPELATE
COURT TO CONTINUE EXERCISING
JURISDICTION OVER CIVIL LIAB EX DELICTO IN
CASE OF DEATH?
o NO. Art. 30 recognizes only an alternative and
separate civil action.
o NO CRIMINAL PROCEEDINGS: quantum of
evidence needed to be prove in a criminal act shall be
that of which is compatible with civil liability –
preponderance evidence.
o In recovering civil liability ex-delicto, the same has
to be determined in a criminal action rooted as it is in
the court’s pronouncement of the guilt or innocence
of the accused.
SERVICE OF SENTENCE
 SHOULD PERIOD OF TIME DURING WHICH
 INTENDMENT OF ARTICLE 100 OF CIVIL
LIABILITY [Civil Liability Ex-delicto]
o Must be rooted in the court’s pronouncement of guilt
or innocence
o Mors omni a solvi – death dissolves all things
o In case of recovery of civil liability arising from crime
–final determination of CL is a condition precedent to
the prosecution of the civil action such that when
criminal action is extinguished by the death of the
accused pending appeal, civil action cannot survive.
 RELATE ART. 30 (CL) TO ART. 89 (1) AND 100 OF
RPC
o ART. 30 – institution of separate civil action that does
not draw its life from a criminal proceeding; claim for
civil action survives regardless of death
o ART. 100 – is civil liability based on delict or crime
o ART. 89 (1) – criminal liability of an offender is
totally extinguished by his death as to the personal
penalties; while pecuniary liability is extinguished
when the offender dies BEFORE final judgement
EVADER OF SENTENCE WAS AT LARGE BE
INCLUDED IN THE SERVICE OF HIS SENTENCES?
o Sentences imposed shall be considered as deprivation
of his liberty
o Period of time which the petitioner was outside the
prison cannot be regarded as service of sentence
o ART. 89 – “shall be executed and served in the places
and penal establishments provided by the
Administrative Code in force or which may be
provided by law in the future”
o Service of sentence be in a penal institution
Criminal Law [Articles 89-99 Notes]
  INSTANCES WHEN SENTENCE CAN BE SERVED
OUTSIDE THE PRISON
o If his penalty is destierro or arresto menor
o When he is granted of probation or parole
 EFFECTS OF PARDON BY THE OFFENDED PARTY
o Does not extinguish criminal liability
o XPN: valid marriage (Articles 266-c and 344)
between the offender and the victim
o Civil liability may be extinguished by an express
waived
 COMPARE PARDON BY THE OFFENDED AND
PRESIDENT
PARDON
OFFENDED PRESIDENT
statutory authority constitutional grant
does not extinguish criminal liability
except by valid marriage, rape and extinguishes criminal liability but not
crimes against chastity; offended may civil
waive the civil liability
given prior to the institution of the
criminal case to be effective given after final judgement
XPN: Article 266-C
 LIMITATIONS ON THE PARDONING POWER OF
CHIEF EXECUTIVE
o Power exercised after final conviction
o Such power does not extend to cases of impeachment
 JUDGEMENT OF CONVICTION BECOME FINAL
o No appeal is seasonably perfected
o Accused commences to serve the sentence
o Right to appeal is expressly waived in writing
o When accused applies for probation, thereby waiving
his right to appeal ipso facto
o When convict withdraws his appeal
 EFFECT OF AN APPEAL ON THE POWER OF THE
PRESIDENT TO EXTEND PARDON
o Prohibits his exercise of prerogative
o Separation of powers
o Reason of president’s limitation: adoption of
constitution of “conviction by final judgement”
o Risk: failure of justice, frustration of administration
of justice
o When the President is not prevented by the
constitution, not even congress can impose restriction
to prevent a presidential folly
 PROCEDURES THAT SHOULD BE FOLLOWED IN
THE GRANT OF PARDON TO A CONVICT WHO
APPEALED HIS JUDGEMENT
o Ask for the withdrawal of his appeal, must first be
brought to finality
o Agencies must require proof from the accused that he
has not appealed from his conviction or that he has
withdrawn his appeal
o Those who have custody of the accused must not
solely rely on the pardon as a basis for the release of
the accused from confinement
Criminal Law [Articles 89-99 Notes]
  IN RAPE CASES, IS PARDON OF THE PARENTS,  AMNESTY vs ABSOLUTE PARDON
WITHOUT THE CONCURRENCE OF THE MINOR
VICTIM HERSELF EFFECTIVE? AMNESTY PARDON
o NO. Pardon must be granted not only by the parents political crimes and ordinary crimes and
BENEFICIARY
but also by the offended minor to be effective offenders offenders
o Affidavit of desistance is merely an additional relieves the offender
obliterates the effects of
from penalty but the
ground to buttress the accused’s defenses, not the sole EFFECT conviction as if they
effects of conviction
consideration that can result to in acquittal were not criminal
stay
CONGRESS concurrence required concurrence not needed
WHEN GIVEN even before conviction after final conviction
BENEFICIARY a class of persons specific individual
AMNESTY public act of the private act of
NATURE president, courts must president, no judicial
 WHAT IS AMNESTY AND EFFECTS take judicial notice notice
o One of the presidential prerogatives besides reprieve,
commutation of sentence, pardon and remittance of
fines and forfeitures  IS NOVATION MEANS OF EXTINGUISHING
o Requires congressional action CRIMINAL LIABILITY
o Act of grace, relieves the offender not only from o NO. It may however PREVENT the rise of criminal
suffering the penalty but obliterates the effects of the liability if it occurs PRIOR to the filing of the criminal
conviction as if the act were not criminal information in court
o Usually given to political offenders
o Looks backward and abolishes and puts into oblivion
the offense itself
o Overlooks and obliterates offenses
o Public act of the president which courts take judicial
notice of especially since it is concurred by the
congress

Criminal Law [Articles 89-99 Notes]

Art. 90. Prescription of crime. — 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 a correctional penalty shall prescribe in ten years;
with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
 PRESCRIPTION OF CRIME
o Loss of right of the State to prosecute offenders
o Cannot be waived
o For the benefit of the accused, period of prescription
cannot be extended
o Once prescription has set in, courts automatically lose
jurisdiction over the case
o BASIS: higher penalty if several were imposed
pursuant to the last paragraph of Art. 90

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 the application of the rules contained in the
first, second and third paragraphs of this article. (As amended by RA
4661, approved June 19, 1966).
 LAWS ON PRESCRIPTION OF CRIMES
o Felonies: under RPC, Articles 90 & 91
o Offenses: under special laws, SPL may provide for
the period and the rules for prescription of violations
thereof
o If SPL does not provide, Act 3326 – Establishing
Period of Prescription for Violations penalized by
Special Acts……

 WHEN DOES PERIOD OF PRESCRIPTION START

Art. 91. Computation of prescription of offenses. — The period of
TO RUN?
prescription shall commence to run from the day on which the crime
o From the discovery of the crime by:
is discovered by the offended party, the authorities, or their agents, and
 Offended
shall be interrupted by the filing of the complaint or information and
 Authorities
shall commence to run again when such proceedings terminate
 Agents
without the accused being convicted or acquitted or are unjustifiably
o This list is exclusive.
stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from
the Philippine Archipelago.

Criminal Law [Articles 89-99 Notes]

 CAUSES OF INTERRUPTION AND RESUMPTION OF
THE RUNNING OF THE PERIOD
o When the offender is out of the country
 Period runs again when the proceedings are
terminated without conviction or acquittal for
reasons not attributable to the offender
 Duration of resumed period should be the
unexpended portion only for to give the
period a fresh start every time it is interrupted
is prejudicial to the offender
 COMPLAINT AND INFORMATION BE FILED TO
CAUSE THE INTERRUPTION
o Article 91, does not distinguish whether the
complaint is filed for preliminary examination or
investigation only or for an action on the merits
o Filing on the fiscal’s office suspends the running of
the statute of limitations
 RELATE SECTION 9 OF RULE ON SUMMARY
PROCEDURE ON COMMENCEMENT OF
PROSECUTION TO THE RULES ON PRESCRIPTION
o Section 9 – in cases covered thereby, offenses
punishable by imprisonment not exceeding six
months, “prosecution commences by the filing of
complaint or information directly with the MeTC,
RTC or MCTC w/o the need of prior preliminary
investigation provided that metropolitan manila and
chartered cities, said cases commenced only by
information
o However, it does not mean that prescriptive period is
interrupted only by the filing of a complaint or
information directly with said courts
o Prescription in criminal cases is a matter of
substantive law.
o Section 5 (5), Article 8 of Constitution – SC is not
allowed to diminish, increase, or modify substantive
rights
o RPC prevails in case of conflict with the rule on
summary procedure
 EFFECT IF DELAY IN THE REPORTING OF CRIMES
TO ITS PROSECUTION
o NONE. Law on prescription would be meaningless if
the proposition that delay in the prosecution of crimes
be fatal to the state and to offended party is
countenanced
 OFFENDED PARTY IN ARTICLE 91
o Art. 91 does not define the term offended party
o Section 12, Rule 110 of the RRCP – “person against
whom or against whose property the offense was
committed”
o Whom the offender is civilly liable
Criminal Law [Articles 89-99 Notes]
 CAN BRIEF ABROAD TRIPS ABROAD QUALIFY AS
ABSENCE IN ART. 91?
o No. These trips were very brief, and the respondent
returned to the Philippines
o Made long after the petitioner discovered the offense
and even if aggregate number of days of these trips
we reconsidered, still the Information was filed well
beyond the prescriptive period
 DOES THE ABSENCE OF AN ACCUSED IN THE
PHILIPPINES PREVENT OR TOLL THE RUNNING
OF THE PRESCRIPTIVE PERIOD FOR VIOLATION
OF SPECIAL LAWS?
o NO. Section 2 of Act 3326, prescriptions shall begin
to run from the day of the commission of the violation
of the law
o Not known discovery thereof and the institution of
the proceedings for its investigation and punishment
o Shall only be interrupted when proceedings are
instituted against the guilty person and shall begin to
run again if the proceedings are dismissed for not
constituting jeopardy
o Section 2 does not provide absence
 WHICH WOULD PREVAIL BETWEEN RULE ON
THE EFFECT OF ABSENCE OF ACCUSED FROM
THE PH, RPC OR SPL?
o RPC explicitly states that the absence of the accused
shall be a ground for the tolling of the prescriptive
period while Act 3326 does not.
o In such, Act 3326 shall prevail over Art. 9, because it
directly applies to special laws while RPC shall apply
to special laws only suppletorily and only to the latter
do not provide the contrary
o Liberal Interpretation: authority for the rule that
the prescriptive period runs while the accused is
outside of the Philippine Jurisdiction
 WHAT IS THE EXCEPTION TO THE RULE THAT
THE PRESCRIPTIVE PERIOD FOR VIOLATION OF
SPECIAL LAWS START FROM THE DAY OF ITS
COMMISSION?
o “Blameless ignorance”
 the statute of limitations runs only upon
discovery of the fact of the invasion of a right
which will support a cause of action. In other
words, the courts would decline to apply the
statute of limitations where the plaintiff does
not know or has no reasonable means of
knowing the existence of a cause of action
 will the filing of criminal cases in the office of the ombudsman
or the department of justice effectively interrupt the running
of the period in corruption cases?
o YES. Criminal complaints were filed, and their
records transmitted by the PCGG to the OMB for the
conduct of preliminary investigation
o Regardless of whether it is punishable by RPC or SPL
filing of complaint in the office of public prosecutor
for preliminary investigation that causes delay.
Criminal Law [Articles 89-99 Notes]
 WILL THE PRINCIPLE OF CONSTRUCTIVE
NOTICE BY REGISTRATION APPLY TO BIGAMY?
o NO. Judicial notice may be taken of the fact that a
bigamous marriage is generally entered into by the
offender in secrecy from the spouse of the previous
subsisting marriage

 IS NON-APPLICATION TO BIGAMY OF THE RULE

OF CONSTRUCTIVE NOTICE NOT CONTRARY TO
THE LIBERAL CONSTRUCTION OF PENAL LAWS?
o NO. to compute for the prescriptive period for the
offense of bigamy from registration would amount to
almost absolving the offenders from liability
o It is thus reasonable that the prescriptive period for
bigamy should be counted from the day of its
discovery

 WHAT RULE ON PRESCRIPTIVE PERIOD APPLIES

IN RECKLESS IMPRUDENCE RESULTING TO
VARIANT FELONIES?
o Pursuant to Art. 90 – being a light felony,
prescribing 2 months; penalty must be in an amount
of 8,542 being a less grave felony whose penalty is
arresto mayor in minimum and medium periods,
prescribes in 5 years

Criminal Law [Articles 89-99 Notes]

Art. 92. When and how penalties prescribe. — The penalties  HOW IS RUNNING OF THE PERIOD OF
imposed by final sentence prescribe as follows: PRESCRIPTION OF PENALTY COMMENCED?
TOLLED?
1. Death and reclusion perpetua, in twenty years. o When the convict evades service of sentence by
2. Other afflictive penalties, in fifteen years. escaping during the term of his sentence
o When convict did not suffer deprivation of liberty
3. Correctional penalties, in ten years; except for the penalty of arresto
mayor, which prescribes in five years.  TOLLING OF PERIOD OF
4. Light penalties, in one year. PRESCRIPTION OF PENALTY
OCCURS WHEN CONVICT:
o Gives himself up
o Captured
Art. 93. Computation of the prescription of penalties. — The o Goes to another country where
period of prescription of penalties shall commence to run from the date Philippines has no jurisdiction
when the culprit should evade the service of his sentence, and it shall o Commits another crime before the
be interrupted if the defendant should give himself up, be captured, expiration of the period of prescription
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.

 WHAT IS PRESCRIPTION PENALTY?

o Loss of right of the state to enforce the sentence
imposed on the convict by the lapse of time
o Become operative – when convict escapes from
detention or evades the service of his sentence

 PRESCRIPTIVE PERIODS FOR FELONIES?

Reclusion Perpetua 20 years

Reclusion Temporal 15 years
Prision Correccional 10 years
Arresto Mayor 5 years
Arresto Menor 1 years

Criminal Law [Articles 89-99 Notes]

  COMPARE PRESCRIPTION OF CRIME AND
PENALTY

PRESCRIPTION OF
CRIME PENALTY
loss of right to prosecute the loss of right to enforce the
LOSS offender penalty for the crime committed
trial on merits has already been
STAGE prosecution has not yet begun concluded
culprit may not have been convict has been under the
CULPRIT apprehended custody of law
PRECEDENT discovery of the crime evasion of service of sentence
SUBJECT convict may not even be indicted

 TWO KINDS OF REPEAL AND THEIR EFFECT ON

CRIMINAL LIABILITY OF THE CONVICT

REPEAL MEANING EFFECT

decriminalizes the act such

shall retoract favorably to
as repeal of anti-squatting
offenders whose sentence
law, anti-subversive law, or
Express or becomes final even to those who
vagrancy under Article 202
total repeal are already serving sentence
extinguishes criminal provided they are not habitual
liability for the act is no delinquents
longer criminal

Implied or has favorable effect on the partial extinction of criminal

partial accused or convict such as liability for it reduces the penalty
repeal R.A. 8294 imposed on the accused or convict

Criminal Law [Articles 89-99 Notes]

Art. 94. Partial Extinction of criminal liability. — Criminal liability
is extinguished partially: actual period of detention
1. By conditional pardon; +
good conduct allowance
2. By commutation of the sentence; and
=
3. For good conduct allowances which the culprit may earn while he total period of preventive imprisonment
is serving his sentence. -
maximum period of detention
 WHAT CAUSES PARTIAL EXTINCTION OF
(To entitle him for immediate release)
CRIMINAL LIABILITY?

UNDER ARTICLE 94:

o Conditional pardon
o Commutation of sentence
o Good conduct allowance earned while on detention

IN ADDITION:
o Parole under the ISL
o Probation under P.D. 968
o Partial repeal of penal law

 WHAT CHANGE WAS INTRODUCED TO ARTICLE

94 BY R.A. 10592?
o Regarding good conduct allowance
o Computation of preventive imprisonment under Art.
29 for purposes of immediate release shall be:
 Actual period of detention with good
conduct time allowance

Criminal Law [Articles 89-99 Notes]

Art.95. Obligation incurred by person
conditional pardon — Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with the
conditions imposed therein otherwise, his non-compliance 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.
 REQUISITES FOR CONDITIONAL PARDON?
o Must be given after final judgement
o Must be accepted because of the conditions w/c must
be strictly complied
o If the offender violates the condition of his pardon
and the penalty remitted is less thank six years, he
shall be meted an additional penalty
 WHAT ARE THE NATURE AND EFFECTS OF A
CONDITIONAL PARDON?
o Onerous contract between Chief Executive and
convict to the effect that CE would release the
prisoner subject to condition and failure to comply
with such will subject him for conviction and serve
the unexpired portion of his sentence
 WHO DETERMINES IF THERE IS VIOLATION OF
CONDITIONAL PARDON?
o The PRESIDENT solely determines if there is a
violation of conditional pardon.
o A final judicial pronouncement as to the guilt of a
pardonee is not a requirement for the president to
determine WON there has been a breach of terms of a
conditional pardon
granted  IS THE DETERMINATION BY THE PRESIDENT OF
THE VIOLATION OF THE CONDITIONS OF
PARDON SUBJECT TO JUDICIAL REVIEW?
o NO. This exercise of presidential judgement is
beyond judicial scrutiny (separation of powers)
o Determination of the violation of the conditional
pardon rests exclusively in the sound judgement of
the CE
o Pardonee, having consented to place his liberty on
conditional pardon upon judgement of the power that
has granted it cannot invoke the aid of courts
o XPN: erroneous findings may be upon w/c his
recommitment was ordered
 IS A PETITION FOR WRIT OF HABEAS CORPUS
THE REMEDY FOR A PERSON INCARCERATED
FOR VIOLATION OF CONDITIONAL PARDON?
o NO. Habeas corpus lies only where the restraint of a
person’s liberty has been judicially adjudged as
illegal or unlawful
 EFFECTS OF CONDITIONAL PARDON ON CIVIL
LIABILITY?
o It does not extinguish the civil liability arising from
the crime
Criminal Law [Articles 89-99 Notes]
Art. 96. Effect of commutation of sentence. — 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.

 WHAT IS COMMUTATION OF SENTENCE?

o Is a change in the sentence by final conviction either
by lowering the term of the sentence or change in
nature of the sentence
o Commutation can take the form of reduction of the
term of imprisonment or nature like imprisonment to
destierro

Criminal Law [Articles 89-99 Notes]

Art. 97. Allowance for good conduct. — 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 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.
 WHAT AMENDMENTS WERE INTRODUCED BY
R.A. 10592 ON ART. 97 ON ALLOWANCE ON GOOD
CONDUCT?
o First. Benefit is extended to detention prisoners if
they are qualified for credit for preventive
imprisonment pursuant to Art. 29, they are not any of
the following:
 Recidivists
 Upon being summoned for the execution of
their sentence, they failed to surrender
voluntarily
 Habitual delinquents
Gives allowance to:
 Any offender qualified for credit for
preventive imprisonment pursuant to Art. 29
 Convicted prisoner in any penal institution,
rehab or detention center or local jail

Art. 98. Special time allowance for loyalty. — A deduction of one- (Deduction shall not be affected by any appeal made
fifth of the period of his sentence shall be granted to any prisoner who, by the offender)
having evaded the service of his sentence under the circumstances o Second. Offender’s good conduct while in detention
mentioned in Article 58 of this Code, gives himself up to the shall entitle him to a big increase in deductions from
authorities within 48 hours following the issuance of a proclamation the period of his sentence:
announcing the passing away of the calamity or catastrophe to in said
article. PERIOD OF DETENTION DEDUCTION
First 2 years 20 days/month
3rd - 5th year 23 days/month
Art. 99. Who grants time allowances. — Whenever lawfully
6th - 10th year 25 days/month
justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked. 11th year and above 30 days/month

Criminal Law [Articles 89-99 Notes]

 o Third. it encourages rehabilitation and personal
improvement of the prisoner by allowing him at any
time during the period of imprisonment, additional
deduction of 15 days for each month of study,
teaching or mentoring service time rendered.
 WHAT AMENDMENTS WERE INTRODUCED BY
R.A. 10592 ON ART. 98 ON SPECIAL TIME
ALLOWANCE FOR LOYALTY?
o Art. 98 is amended with regards to special time
allowance for loyalty under the circumstances
mentioned in Art. 158.
o Returning convicted prisoner shall still be given 1/5
deduction from his sentence.
o However, two features are added:
 Same deduction for the detention of prisoner
from his preventive imprisonment
 Deduction shall be 2/5 in case prisoner who
chose to stay in the place of his confinement.
o This is an improvement for the escape and/or return
of the prisoner is unlikely.
 WHO ARE AUTHORIZED TO GRANT GOOD
CONDUCT ALLOWANCES?
o Art. 99 – Director of the Bureau of Corrections
Additional (as per Art. 99): whenever lawfully
justified -
 Chief of the Bureau if Jail Management and
Penology
 Warden of provincial, municipal or city jail
(such allowances when granted, is irrevocable)
 WHEN IS SPECIAL TIME ALLOWANCE GIVEN?
REQUISITES:
o Occurrence of disorder resulting from conflagration,
earthquake, explosion or similar catastrophe or a
mutiny w/c the prisoner did not participate
o Convict must evade the service of his sentence or the
detention prisoner his preventive imprisonment
o Give himself up w/in 48 hours after the issuance of a
proclamation by the CE announcing the passing away
of such calamity
 CALAMITIES COVERED IN ART. 158
o Conflagration
o Earthquake
o Explosion
o Volcanic eruption *
o Landslide **
NOTE: principle of ejusdem generis – only circumstances
similar of nature to those previously enumerated shall be
covered by the general term of “similar catastrophe”
Hence, mutiny is excluded. Riots are not included in this
provision but in Art. 157 which uses “violence” as a means of
escaping.
 HOW IS EVASION COMMITTED IN ART. 158?
o Failure to return
o Note: not simply leaving the establishment because
leaving is not penalized in cases of disorders
enumerated therein
Criminal Law [Articles 89-99 Notes]
 IN WHAT INSTANCES CAN A CONVICT BE
RELEASED BEFORE HE SERVES THE FULL TERM
OF HIS SENTENCE?
o Due to good conduct allowances
 Approved by: Director of Prisons or City
Jail Wardens
o Through approval of the convict’s application for
parole
 Approved by: Board of Pardons and Parole
o When he is granted pardon by the President

NOTE: Section 5 & 16, Rule 114 of RRCP

 Applies only to an accused undergoing preventive
imprisonment during trial or on appeal
 Not applicable to person already convicted by final
judgement and already serving his sentence

Criminal Law [Articles 89-99 Notes]