Criminal Law I – Chapter II.

Partial Extinction of Criminal Liability

January 11, 2024

R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 94. Criminal liability is extinguished partially:

• By conditional pardon

• By commutation of the sentence

• For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 94. Criminal liability is extinguished partially:

• By conditional pardon - not absolute; strict compliance with the conditions, otherwise,
revocation of such pardon and the provision of Article 159 shall be applied to him
(Article 95)

• By commutation of the sentence

• For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 94. Criminal liability is extinguished partially:

• By conditional pardon - not absolute; strict compliance with the conditions, otherwise,
revocation of such pardon and the provision of Article 159 shall be applied to him
(Article 95)

• By commutation of the sentence - as made by the President, it substitutes the original

penalty by reducing such penalty of the offender (Article 96)

• For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 94. Criminal liability is extinguished partially:

• By conditional pardon - not absolute; strict compliance with the conditions, otherwise,
revocation of such pardon and the provision of Article 159 shall be applied to him
(Article 95)

• By commutation of the sentence - as made by the President, it substitutes the original

penalty by reducing such penalty of the offender (Article 96)

• For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence (Article 97)
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Conditional pardon – by the nature of a contract, the conditions of which the convict, upon
acceptance, must not violate

Effects of the violation:

• Offender is re-arrested and re-incarcerated by order of the President or the provision of

Section 64 (1) of the Revised Administrative Code

• Offender may be prosecuted for violating Article 159 of the Revised Penal
Code or the other cases of evasion of service of sentence
Conditional Pardon and Parole distinguished:

- As to granting authority

- As to the effect of violation

Conditional Pardon and Parole distinguished:

- As to granting authority

Conditional Pardon is given by the President under the provisions of the Revised
Administrative Code

Parole is given by the Parole Board to a prisoner who has served the minimum of an
indeterminate sentence

- As to the effect of violation

Conditional Pardon and Parole distinguished:

- As to granting authority

Conditional Pardon is given by the President under the provisions of the Revised
Administrative Code

Parole is given by the Parole Board to a prisoner who has served the minimum of an
indeterminate sentence

- As to the effect of violation

In conditional pardon, the offender may either be re-arrested or prosecuted

Under Article 159

In parole, the offender is re-arrested to serve the unexpired portion of the

penalty
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 97. Allowance for good conduct. Pursuant to Article 29 of the Revised Penal Code,
good conduct of any offender has entitlement to the deduction of his sentence.

First two years Twenty (20) days for each month of good behavior

Third to fifth year Twenty-three (23) days for each month of good behavior

Succeeding years
Twenty-five (25) days for each month of good behavior
up to tenth year

Eleventh and
Thirty (30) days for each month of good behavior
successive years

Eleventh and Fifteen (15) days for each month of study, teaching or
successive years mentoring service time rendered
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 98. Special time allowance for loyalty.

Deduction of sentence
One-fifth of the period of sentence for a Two-fifths of the period of sentence for a
prisoner who evaded the preventive prisoner who chose to stay in the place of
imprisonment or the service of sentence his confinement notwithstanding the
under the circumstances in Article 158, and existence of a calamity or
such prisoner gave himself up to the catastrophe enumerated in
authorities within 48 hours after the Article 158.
issuance of a proclamation that such
calamity or catastrophe has passed away.
R.A. No. 10592 – An Act Amending Articles 29, 94, 97,
98. and 99 of Act No. 3815, as amended, otherwise
known as the Revised Penal Code

Article 99. Who grants time allowances. Whenever lawfully justified, below are the
officers:

• Director of the Bureau of Corrections

• Chief of the Bureau of Jail Management and Penology

• Warden of a provincial, district, municipal, or city jail

Thank you!

January 11, 2024