CRI 180: Non-Institutional Corrections

Student Activity Sheet #16

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Lesson title: Total and Partial Extinction of Criminal Liability Materials:

Lesson Objectives: At the end of this module, you should be able Student Activity Sheets
to- References:
1. Differentiate total extinction of criminal liability from partial Handbook on Non-Institutional
extinction of criminal liability. Corrections by Linnet Dolinen-
2. Familiarize and explain the causes of total and partial Gahar
extinction of criminal liability. Teacher prepared material

“Develop success from failures. Discouragement and failure are two of the
A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Good day dear students! Welcome to our session for today. Now we will discuss the causes of total and
partial extinction of criminal liability. To begin with, read first the learning objective since this will be your guide
in finishing this module.

B. MAIN LESSON

Activity 2: Content Notes (13 mins)

Total and Partial Extinction of Criminal Liability

Criminal liability refers to responsibility for a crime and the penalty society imposes for the crime.
Because crimes cause harm to society as a whole (in addition to the victim(s)), a government lawyer
(prosecutor) brings charges against the offender on behalf of its citizens.

Total extinction of criminal liability- means that the entire penalty is extinguished, and there is no
more criminal liability.

Causes of Total Extinction of Criminal Liability

1. By death of the convict

- Death of convict extinguishes criminal liability at any stage of the criminal proceeding:
- Civil liability is likewise extinguished if death occurs before final judgment. If death occurs, there will be
nobody to serve the penalty for the crime.

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #16

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

- The death of the convict, whether before or final judgment, extinguishes criminal liability, because one
of the juridical conditions of penalty is that it is personal.
- If death occurs before or during the trial, the criminal case must be dismissed. This is so because of the
preservation of the constitutional rights of the deceased accused who would not be any more in a
position to defend himself.

2. By service of the sentence; Crime is a debt incurred by the offender as a consequence of his
wrongful act and the penalty is but the amount of his debt. When payment is made, the debt is
extinguished. Service of sentence does not extinguish the civil liability.

3. By amnesty, which completely extinguishes the penalty and all its effects; Amnesty is an act of the
sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever,
exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons,
who are subject to trial but have not yet been convicted. (Brown v. Walker, 161 US 602)
Note: Civil liability is not extinguished by amnesty.

4. By absolute 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.

5. By prescription of the crime- is the forfeiture or loss of the right of the State to prosecute the offender
after the lapse of a certain time.

Article 90. Prescription of crimes. –

- Crimes punishable by death, reclusion perpetua or reclusion temporal shall be prescribed in twenty
years.
- Crimes punishable by other afflictive penalties shall be prescribed 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.
- The crime of libel or other similar offenses shall be prescribed in one year.
- The offenses of oral defamation and slander by deed shall be prescribed in six months.
- Light offenses prescribed 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

6. By prescription of the penalty- is the loss or forfeiture of the right of the Government to execute the
final sentence after the lapse of a certain time.

Computation of the prescription of penalties. – 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

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #16

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

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.

7. By marriage of the offended woman, as provided in Article 344 of this Code. Marriage of the
offender with the offended woman after the commission of any of the crimes of rape, seduction,
abduction or acts of lasciviousness, as provided in Article 344, must be contracted by the offender in
good faith. Hence marriage contracted only to void criminal liability is devoid of legal effects.

Partial Extinction of Criminal Liability- It is a partial extinction because there remains liability
although it is lessened by conditional pardon, commutation of sentence, parole, probation and for good
conduct earned by the offender while serving his sentence. A person who was conditionally pardoned shall
strictly comply with the conditions imposed and the non-compliance shall result in its revocation. If the
sentence is commutated, then such shall replace the original sentence. The Director of prison shall grant an
allowance for good conduct and for loyalty, if it is granted it cannot be revoked.

Activity 3: Skill-building Activities

It’s time to check if you are already familiar with the total extinction of criminal liability from
partial extinction of criminal liability. Read carefully the questions and write your answer in the space
provided for.

1. Does the death of the convicted offender extinguish his/her criminal and civil liability? Explain
your answer.
2. Does serving a sentence extinguish his/her criminal and civil liability? Explain your answer.
3. Does amnesty extinguish his/her criminal and civil liability? Explain your answer.
4. Does the death of the convicted offender extinguish his/her criminal and civil liability? Explain
your answer.
5. In cases of rape, seduction, abduction or acts of lasciviousness, does marriage of the offender
with the offended woman extinguish his/her criminal liability? Explain your answer.
6. Enumerate the causes of partial extinction of criminal liability.

“Check your answers against the Key to Corrections found at the end of this SAS. Write your score on
your paper.”}

Activity 5: Check for Understanding (5 mins)

Now for this activity you will answer the questions below.

1. Differentiate total extinction of criminal liability from partial extinction of criminal liability.

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #16

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

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2. Differentiate prescription of crime from prescription of penalties.
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** Teacher adds this prompt for self-assessment: “Check your answers against the Key to Corrections
found at the end of this SAS. Write your score on your paper.”

C. LESSON WRAP-UP

Activity 6: Thinking about Learning (5 mins)

A. Work Tracker
You are done with this session! Let’s track your progress. Shade the session number you just
completed.
{*Teacher directs the student to mark their place in the work tracker which is simply a visual to help
students track how much work they have accomplished and how much work there is left to do.}

B. Think about your Learning

Before we end this lesson, do you have any questions or clarifications as regards to the topic or
to the discussions?

FAQs
1. When and how are penalties prescribed?
Answer: The penalties imposed by the final sentence are 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. In the prescription of crimes, it is the penalty prescribed by law that should be considered; in the
prescription of penalties, it is the penalty imposed that should be considered.

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 CRI 180: Non-Institutional Corrections
Student Activity Sheet #16

Name: ________________________________________________________ Class number: _______

Section:________________________Schedule: ____________________ Date:________________
_

Example: A commenced to serve the sentence and after a month, he escaped and remained at
large for twelve years, in case he is captured thereafter, can he be required to serve the
remaining period of his sentence? No. The penalty of prision correccional already prescribed.
Article 92 uses the words “the penalties imposed by the final sentence.”

2. What is civil liability?

Answer: is a legal obligation that requires a party to pay for damages or to follow other court-
enforcements in a lawsuit.

KEY TO CORRECTIONS

Activity 3 and 5- refer to the concept notes

Rubrics for essay
Criteria Points

Doesn’t respond to the question, the answer has no connection with the question 1

The answer has apparent point 3

The answer is very substantial, the writing is clear, logical and very organized. 5

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