Extinction of Criminal Liability

Extinction/Extinguishment- cancellation or destruction of a legal right, interest or

contract.

RPC, ARTICLE 4. Criminal Liability.

Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from
that which he intended.

2. By any person performing an act which would be an offense against persons or property, were
it not for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means.

Criminal liability may be partially or totally extinguished.

Total Extinction means that the entire penalty is extinguished, and there is no more
criminal liability, but does not exempt civil liability.

Civil liability

The principle that every person criminally liable is civilly liable is embodied in our
Code in view of the dual effect of crimes as an offense against the State and the private
person injured by the offender.

Criminal liability is totally extinguished:

1. Death of the offender, only as to the personal penalties, pecuniary liabilities is

extinguished only when the death of the offender occurs before final judgment;

When an offender dies, his criminal liability is extinguished, but his civil liability subsists,
unless, death occurs before final judgement.

Final Judgement in a criminal case becomes final after the lapse of the period to
appeal or when the sentence has been partially or totally served, or the defendant
waived in writing his right to appeal.

Note: death of the offended party does not extinguish the offender’s criminal
liability.
2. service of the sentence, which means that they have served their liability;

Service of sentence means that the offender has been imprisoned or deprived of
liberties for a period prescribed by law.

Although, the offender has served his sentence, this does not extinguish civil
liability.

3. Amnesty, completely extinguishing the penalty and its effects;

Amnesty is the act of the sovereign power granting oblivion or a general pardon for a
past offense to a group or class of people, and rarely to an individual.

Although amnesty extinguishes criminal liability and all its effects, it does not extinguish
civil liability.

Amnesty is granted to:

-former CPP-NPA-NDF members, or their front organizations that

committed crimes whether punishable under the Revised Penal Code or
special penal laws,

including but not limited to:

rebellion or insurrection; conspiracy and proposal to commit rebellion or

insurrection; disloyalty of public officers or employees; inciting to
rebellion or insurrection; sedition; conspiracy to commit sedition; and
inciting to sedition.

The amnesty granted under this Proclamation shall not cover kidnap for ransom,
massacre, rape, terrorism, crimes committed against chastity as defined in the
Revised Penal Code, violation of RA No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002, grave violations of the Geneva
Convention of 1949, and genocide, crimes against humanity, war crimes, torture,
enforced disappearances, and other gross violations of human rights.

4. Absolute pardon given by the President;

Pardon is an act of grace proceeding from the power entrusted with the execution of
the laws which exempts the individual on whom it is bestowed from the punishment the
law inflicts for the crime he has committed.
Joseph Scott Pemberton – American military personnel convicted for the homicide of transgender
woman Jenniffer Laude in 2014. Granted absolute pardon in 2020 (Duterte)

5. prescription of the crime, wherein the State loses the power to prosecute;

Prescription of the crime is the loss of the right of the State to prosecute after the lapse
of a certain period.

The period for the prescription will start from the day the crime is discovered by the
offended party or authorities, and is interrupted if an information or complaint is filed,
and will run again when the proceedings terminate, without acquittal or conviction or is
unjustifiably stopped through no fault of the offender.

6. prescription of the penalty, wherein the State loses the power to impose penalty;

the loss of the right of the State to execute the final sentence after the lapse of a certain
time. The period of prescription of penalties runs from the date when the offender
evaded the service of his sentence, and is interrupted if the defendant voluntarily gives
up, or is captured, or should go to some foreign country which the Philippines has no
extradition treaty, or commits another crime before the end of the period to prescribe.

The penalties imposed by final sentence prescribe in the same manner as the
prescription of the offense, with the exception that light felonies prescribe in one year,
and the crimes of libel and slander by deed are not specifically mentioned. [15]

7. the marriage to the offended woman, in cases of Rape.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the
offender with the offended party shall extinguish the criminal action or remit the penalty
already imposed upon him.

PARTIAL EXTINCTION OF CRIMINAL LIABILITY

It is partial extinction because there remains liability although it is lessened by

conditional pardon, commutation of sentence, and for good conduct earned by the
offender while serving his sentence.

1. Conditional Pardon-

A person who was conditionally pardoned shall strictly comply with the conditions
imposed and the non-compliance shall result into its revocation.
Robin Padilla- Illegal Possession of Firearms (Fidel V Ramos) conditional Pardon from
1997-2003

Gov. Jovito Plameras Jr- Graft and Corruption- (Rodrigo Duterte) pay 2.65M in the
province of Antique

2. Commutation of Sentence

If the sentence is commutated then such shall replace the original sentence.

The Board may review the petition of a prisoner for commutation of sentence if the
following minimum requirements are met:

(a) At least one-third (1/3) of the definite or aggre- gate prison terms;

(b) At least one-half (1/2) of the minimum of indeter- minate or aggregate minimum of
the indeterminate prison term.

3. GCTA

The Director of prison shall grant an allowance for good conduct and for loyalty, if it is
granted it cannot be revoked.

Good conduct time allowance or GCTA is a sentence reduction provision afforded

prisoners who show good behavior. It has been in existence since 1906. Act 1533
provided for the “diminution of sentences imposed upon prisoners” in consideration of
good conduct and diligence.

GCTA Law