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CRIMINAL

LAW 1 REVIEWER

TITLE IV: EXTINCTION OF CRIMINAL LIABILITY


CHAPTER 1: TOTAL EXTINCTION OF CRIMINAL LIABILITY



Article 89. How criminal liability is totally extinguished.
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and
as to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final
judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and
all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article
344 of this Code.

POINTS

I. Extinction Of Criminal Liability Does Not Automatically/Necessarily
Mean That Civil Liability Is Also Extinguished
Extinction of criminal liability is a ground for motion to quash.
o The order sustaining such motion is a bar to another
prosecution for the same offense.

II. Causes Of Extinction Of Criminal Liability Distinguished From Causes
Of Justification Or Exemption
Causes of extinction of
Causes of justification or exemptions
criminal liability
from criminal liability
Arise AFTER the commission Arise from circumstances existing either
of the offense
BEFORE or AT THE MOMENT of its
commission


PAR. 1: BY DEATH OF THE CONVICT
I. Reason:
One of the juridical conditions of penalty is that its personal.

II. Criminal And Civil Liability Is Extinguished When The Offender Dies
Before Final Judgment
People v. Castillo When the accused died while the
judgment of conviction against him was pending, his civil and
criminal liability was extinguished by his death.

A. Criminal Liability Is Extinguished By Death At Any Stage Of The
Proceeding
Nobody will be there to serve the penalty.

B. Civil Liability Is Extinguished Only When Death Occurs Before Final
Judgment
Reason: civil liability exists only when the accused is convicted
by final judgment
The civil liability extinguished by death before final judgment
includes duty to restitute the proceeds of the crime (People v.
Bayotas).

III. Definition Of Final Judgment
As employed in the Revised Penal Code, this means judgment
beyond recall.
As long as the judgment has not become executory, it cannot
be truthfully said that defendant is definitely guilty of the
felony.
Judgment also becomes final:
o After the lapse of the 15-day period of perfecting
appeal
o When the sentence is partially or fully served.


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o

When the defendant expressly waives, in writing, his


right to appeal.


IV. Effect Of The Death Of The Accused Pending Appeal On His
Criminal And Civil Liability
General Rule: Death of the accused pending appeal of his
conviction extinguishes his the criminal liability and the civil
liability based solely on the offense committed.
Exception: The claim for civil liability survives if the same may
also be predicated on a source of obligation other than delict
such as law, contracts, quasi-contracts and quasi-delict.
Examples:
o Civil liability for the offense of physical injuries is
entirely separate from the criminal action.
Right of the offended party to file separate civil action not lost
by prescription when accused dies pending appeal.
o In such case, the statute of limitations on the civil
liability is deemed interrupted during the pendency of
the criminal case, conformably with provisions of
Article 1155 of the Civil Code.

V. When Civil Liability Survives
Action to recover damages from the same act or omission
complained of must be filed as a separate civil action.
It must be predicated not on the criminal liability previously
charged, but on other sources of obligation.
Other sources of obligation:
o If the same act or omission complained of also arises
from quasi-delict or may, by provision of law, result in
an injury to person or property civil action must be
filed against the executor or administrator of the estate
of the accused. (Sec.1, Rule 87, Rules of Court).

If the same act or omission complained of also arises


from contract civil action must be filed against the
estate of the accused (Sec.5, Rule 86, Rules of Court).


VII. When Death Does Not Extinguish Criminal Liability
The offense committed in a crime is against the state.

PAR. 2: BY SERVICE OF SENTENCE
I. Extinguishes Criminal Liability But NOT Civil Liability
Crime is a debut incurred by the offender as a consequence of
his wrongful act and the penalty is but the amount of his debt,
which is extinguished once paid.
Period during which convict was not inside prison walls cannot
be regarded as service of sentence. Service of sentence must
be in a penal institution.

PAR. 3: BY AMNESTY
I. Amnesty Defined
An act of the sovereign power granting oblivion or general
pardon for a past offense.
o A public act that must be concurred to by the Congress.
Rarely exercised in favor of a single individual, and usually in
behalf of certain classes of persons who are subject to trial but
have not been convicted (e.g. political offenders).

II. Amnesty Completely Extinguishes The Penalty And All Its Effects
Act of grace, relieves the offender not only from suffering the
penalty but obliterates the effects of the conviction as if the act
were not criminal.
But the amnesty does not include any crime not covered by the
proclamation itself. The latter must specify the crimes to which
amnesty is extended.

III. Amnesty May Be Granted After Conviction


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The amnesty proclamation (e.g. Proclamation No. 51) in favor


of the Hukbalahaps is applicable to those already undergoing
sentence upon the date of its promulgation.


IV. Civil Liability Not Extinguished By Amnesty
Amnesty wipes out all traces and vestiges of the crime, but
does not extinguish civil liability.

PAR. 4: BY ABSOLUTE PARDON
I. Pardon Defined
It 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.
Kinds: (1) absolute pardon and (2) conditional pardon.
Delivery is an indispensable requisite. Until accepted, all that
may have been done is a matter of intended favor and may be
cancelled.

II. Who Gives Pardon
A. Pardon By The Offended Party Does Not Extinguish Criminal
Liability
Article 266-C (valid marriage between offender and victim in
rape)
o Article 266-C: VALID marriage between offender and
offended party in rape or sexual assault will extinguish
criminal liability and even the penalty already imposed.
So even if the convict is already serving sentence,
marriage with the victim will extinguish his criminal
liability.
Marriage must be valid. If it is void, there will
be no extinguishment of criminal liability.
(Upon declaration of the court that it was void,
does the accused go back to prison?)

If there are 3 accused: Principal by Direct


Participation, Principal by Indispensable
Cooperation, and an accomplice, will the
marriage between the victim and the Principal
by Direct Participation extinguish the liability of
the other accused? YES. This was the intent of
the Senate when they removed the original
proviso stating that the co-principal, etc. are
not benefited, as manifested by Senator
Enriles statement in Senate Bill No. 950.
In rape cases, is the pardon of the parents of
the victim without the concurrence of the
minor victim herself effective? Boado: NO.
Offended minor must also give her express
pardon.
Article 344 (seduction, acts of lasciviousness, adultery,
concubinage, abduction).
o Offended party may pardon before institution of
criminal case (filing of complaint).
o Can the President pardon even if its a private crime?
Yes.
What is the effect of an affidavit of desistance? Simply an
additional ground to buttress the accuseds defenses, not the
sole consideration that can result in acquittal.


B. Pardon By The President
Private act of the President and must be proved by the
accused.
Must be done after final judgment.
Does not extend to cases of impeachment.
Absolute pardon by the President restores all civil rights,
EXCEPT:
o Right to suffrage
o Right to hold public office


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Note: These two rights must be specifically granted by
the pardon of the President

C. A v. B
Pardon By
General
Rule
When

Offended Party
Cant pardon, except in Article
266-C and Article 344.
Before institution of criminal
action
Doesnt extinguish but can be
waived by offended party.

President
Any crime, including
private crimes.
After final judgment

Civil
Doesnt extinguish civil
Liability
liability.


III. Amnesty v. Pardon
Amnesty
Pardon
Both do not extinguish civil liability
Blanket pardon to classes or Includes any crime, and exercised
persons guilty of political offenses. individually by the President
May be exercised even before trial Exercised after conviction.
or investigation.
Looks backward and abolishes the Looks forward and relives
offense itself. It is as though the offender from the consequences
person did not commit any of the crime to which he is
offense in the first place.
convicted. It does not work to
restore rights.
Amnesty makes an ex-convict no Pardon does not alter the fact that
longer a recidivist as it obliterates the accused is a recidivist as it
the crime
only extinguishes the personal
effects.
Needs concurrence of Congress
No concurrence of Congress
Public act the courts should Private Act Must be proved by
take judicial notice.
the person pardoned.

IV. Situations

Adultery case: US v. Guarin


o Facts: A was charged for adultery with a married
woman. The married woman was pardoned.
o Issue: Is A also pardoned?
o Held: No because it is within the discretion of the Chief
Executive on who is pardoned.
Adultery case: People v. Infante
o Facts: The one giving the pardon is the offended
spouse.
o Held: Both offenders must be pardoned by the
offended party for it to be effective.
Murder after evasion of sentence: Alvarez v. Director of Prisons
o Facts: A was convicted of murder. A evaded, and was
consequentially convicted of evasion of service. A was
pardoned for murder.
o Held: Pardon refers only to murder. It does not pardon
or remit the evasion of service of the sentence.


PAR. 5&6: BY PRESCRIPTION OF THE CRIME AND BY PRESCRIPTION OF
THE PENALTY
I. Definitions:
Prescription of crime forfeiture or loss of the right of the
State to prosecute the offender after the lapse of a certain
time.
Prescription of penalty loss or forfeiture of the right of the
Government to execute the final sentence after lapse of time.

II. Conditions necessary:
That there be final judgment
That the period of time prescribed by law for its enforcement
has elapsed.

PAR. 7: BY THE MARRIAGE OF THE OFFENDED WOMAN
I. Reason:


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Marriage of the offended woman with the offender after rape,


seduction, abduction, acts of lasciviousness (Article 344) must
be contracted in good faith, and not as a means to avoid
criminal liability (devoid of legal effects).


Article 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.

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 Republic Act No. 4661, approved June 19, 1966).

POINTS

I. General Points
A. Implication Of Prescription Of Crime
The state loses its right to prosecute.

II. In Computing The Period Of Prescription


A. The First Day Is To Be Excluded And The Last Day Included
Example: Offense committed on May 28, 1953. Filing was on
July 27, 1953. The information is considered filed on 60th day.
o Prescription count: Day 1 begins on May 29, 2953.
A month is computed as a regular 30-day month. The running
period of prescription will commence the day following the day
on which the crime was committed.
But as regards to the month of February of a leap year, 28th and
29th are considered separate days in computing prescription.

B. Where The Last Day Of Prescription Falls On A Sunday Or Legal
Holiday
The information can no longer be filed on the next day as the
crime has already prescribed.

C. When The Penalty Is A Compound One, The Highest Penalty Is The
Basis Of The Application Of The Rules In Article 90
When the fine is an alternative penalty higher than the other
penalty which is by imprisonment prescription of the crime is
based on the fine.
o People v. Crisostomo penalty is arresto mayor
(correctional) and fine P15,000 (afflictive), the
prescription is 15 years.

III. Prescriptive Periods
A. Prescription Of Oral Defamation And Slander By Deed
Simple slander 2 months
Grave slander 6 months

B. Crimes Punishable By Arresto Menor Or A Fine Not Exceeding P200
Prescribe In 2 Months
2 months means 60 days.
Fine of P200 exact is still a light felony.


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C. Prescription Of Crimes Punishable By Fines
Fines are classified as affliction, correctional or light (Article
26).
Subsidiary penalty should not be considered in determining the
prescriptive period of the crime.

D. Destierro Is Correctional, So It Prescribes In 10 Years.

E. Prescriptive Period Of Offense Punished Under Special Laws And
Municipal Ordinances (Act No. 3763 Amending Act No. 3326).
1. Only a fine or by imprisonment for not more than 1 month, or
both 1 year.
2. Imprisonment for more than 1 month, but less than 2 years
after 4 years.
3. Imprisonment for 2 years or more, but less than 6 years
after 8 years.
4. Imprisonment for 6 years or more after 12 years.
5. Offense under internal Revenue Law after 5 years.
6. Violations of municipal ordinances after 2 months.
7. Violations of regulations or conditions of certificate of
convenience by the Public Service Commission after 1
month.
Act No 3326 is not applicable where the special law provides
for its own prescriptive period.
Prescription for violations penalized by special laws and
ordinances shall begin to run for the day of the commission of
the violation of the law. If not known at that time, from the
discovery thereof and the institution of judicial proceedings for
its investigation and punishment.

F. Republic Act No. No. 4661 Not Applicable To Cases Already Filed In
Court Prior To June 18, 1966

Amendatory act of reducing prescriptive period of libel from 2


years to 1 year.


IV. Defense Of Prescription May Be Raised During The Trial Or During
The Appeal
If the accused failed to move to quash before pleading, he is
deemed to have waived all objections, and thus cannot apply
for the defense of prescription (which under Article 89
extinguishes criminal liability).
Prescription although not invoked during trial may be invoked
during appeal.

V. The Accused Cannot Be Convicted Of An Offense Lesser Than That
Charged If The Lesser Offense Had Already Prescribed At The Time The
Information Was Filed.

VI. Prescription Does Not Divest Court Of Jurisdiction; It Is A Ground
For Acquittal Of The Accused
When there is a plea of prescription by the defense and the
same appears from the allegation of the information or is
established the court must jurisdiction holding the action to
have prescribed and acquit the accused.

Article 91. Computation of prescription of offenses.
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, and shall be interrupted by the filing of the complaint
or information, and shall commence to run again when such
proceedings terminate without the accused being convicted or
acquitted, or are unjustifiably stopped for any reason not imputable
to him.

The term of prescription shall not run when the offender is absent
from the Philippine Archipelago.


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POINTS

I. Outline Of Provisions
1. The period of prescription commences to run from the day on
which the crime is discovered by the offended party, the
authorities or their agents.
2. It is interrupted by the filing of the complaint or information.
3. It commences to run again when such proceedings terminate
without the accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to him.
4. The term of prescription shall not run when the offender is
absent from the Philippines.

II. When Prescription Begins To Run
A. Commences From Commission Or Discovery Of The Crime
The contrary view would be dangerous as the successful
concealment of an offense during the period fixed for its
prescription would be the very means by which the offender
may escape punishment.
It is discovery of crime, not discovery of the offender.
o The fact that culprit is unknown will not prevent he
period of prescription from commencing to run.
o It is not necessary that the accused be arrested.

B. The Crime Is Discovered By:
1. The offended party
2. The authorities
3. Their agents
Example:
o Facts: A saw B kill C. The body of C was never found. A
was neither a relative of C, nor an authority or agent.
o Issue: If a revealed the information 25 years later, can B
be prosecuted?

Held: Yes. The period of prescription did not commence


to run until A revealed it to the proper authorities.


C. Period Of Prescription Of Continuing Crime Never Runs
General Rule: Prescription period for continuing crime cannot
begin to run because there could be no termination of
continuity and the crime does not end.
o Arches v. Bellasillo
Facts: Accused was charged with violation of
municipal ordinance for having constructed
dikes without authorization. The dikes were
built in 1939, and the case filed in 1947.
Held: There was nor prescription.
Exception: If the information alleged that the continuing crime
only existed until a specific time (e.g. dikes were an obstruction
until a specific date only), then the crime ended on that
moment and prescription can be computed.

D. Term Of Prescription Does Not Run When The Offender Is Absent
From The Philippines
Facts: A committed libel and immediately flew to Hong Kong
after, where he stayed for three years.
Held: If A returns, he can still be prosecuted for libel as it
prescription period did not begin to run

IV. Interruption Of Running Of Prescriptive Period: Filing Of Complaint
Period of prescription was interrupted when preliminary
examination was made by municipal mayor but the accused
could not be arrested because he was in hiding. The
proceedings in this case were stopped for reasons imputable to
the accused, that is, they fled to an unknown place making it
difficult to arrest them for further proceedings. Thus, the
prescriptive period does not resume to run.


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Filing Of Complaint With The Prosecutors Office Interrupts


Running Period Of The Prescription Of Offense Charged.
Institution of criminal action shall interrupt the period of
prescription of the offense charged unless otherwise provided
in special laws.
The filing of the complaint in the municipal court even if it be
merely for the purposes of preliminary examination or
investigation, interrupts the period of prescription. The
complaint or information that will interrupt the period of
prescription must be the proper information or complain
corresponding to the offense.
o Thus the filing of information containing elements for
trespass to dwelling cannot be said to interrupt the
prescription of another case containing information
concerning unjust vexation (People v. Abuya).
Effect of filing amended complain or information upon period
of prescription.
o If it is merely a correction of a defect, the date of the
original complaint or information should be considered.


V. When Of Running Of Prescriptive Period Resumes
A. Proceedings Terminate Without The Accused Being Convicted Or
Acquitted
As such, the period of prescription commenced to run again.
Termination of a criminal case contemplated in Article 91 on
prescription of crimes refers to a termination that is final as to
amount to jeopardy that would bar a subsequence prosecution.

B. Or Are Unjustifiably Stopped For Any Reason Not Imputable To
Him
If the proceedings are stopped for a reason imputable to the
accused, the period of prescription does not commence to run
again.

Example: When the accused evaded arrest and the case has to
be archived by the court, the proceedings are stopped because
of the fault of the accused.


VI. Special Penal Laws
A. Act No. 3326 Applies

Section 1. Violations penalized by special acts shall, unless otherwise
provided in such acts, prescribe in accordance with the following
rules: (a) after a year for offenses punished only by a fine or by
imprisonment for not more than one month, or both; (b) after four
years for those punished by imprisonment for more than one month,
but less than two years; (c) after eight years for those punished by
imprisonment for two years or more, but less than six years; and (d)
after twelve years for any other offense punished by imprisonment
for six years or more, except the crime of treason, which shall
prescribe after twenty years. Violations penalized by municipal
ordinances shall prescribe after two months.

Section 2. Prescription shall begin to run from the day of the
commission of the violation of the law, and if the same be not known
at the time, from the discovery thereof and the institution of judicial
proceeding for its investigation and punishment.
The prescription shall be interrupted when proceedings are instituted
against the guilty person, and shall begin to run again if the
proceedings are dismissed for reasons not constituting jeopardy.
B. Article 91 May Apply When A Special Law (While Providing A
Prescriptive Period) Does Not Prescribe Any Rule For The Application
Of That Period.

In Act 3326, what does proceedings mean?
o It includes judicial proceedings, and
o It also includes executive proceedings. This means
investigation by the executive department.


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Hence, when a criminal complaint is filed in SEC for the


investigation of a crime, the period is interrupted. (SEC v.
Interport wherein the Court said that the investigation of
the SEC for a crime under the Revised Securities Act interrupted
the period.)
Hence, in a complaint under the Intellectual Property Law, the
prescription period is interrupted when the complaint is filed
with the Department Of Justice for preliminary investigation.
o See also Panaguiton v. DOJ which said the same thing.
For cases under the Rules on Summary Procedure, the
prescriptive period is interrupted when the information is filed
in the Municipal Trial Court (no preliminary investigation eh).


B. Some Laws Provide Their Own Prescriptive Periods
Omnibus Election Code - 5 years
Genocide Law (Republic Act No. 9851) - never prescribes
Human Security Act (Republic Act No. 9372) - Revised Penal
Code has suppletory application.

C. Article 91 May Apply When A Special Law (While Providing A
Prescriptive Period) Does Not Prescribe Any Rule For The Application
Of That Period.
Facts: Accused was prosecuted for violation of Usury Law.
Held: The rules of Article 91 regarding the commencement of
the prescriptive period either from the day the offense was
committed (if known) or the day it was discovered can apply.
Exception: In cases of SPL and the accused is not in the
Philippines, the prescriptive period keeps running (Romualdez
v. Marcelo).
Supposing a real estate document is executed (like a REM, deed
of sale) and it is falsified. When does the period run? For
documents required to be filed with the Register of Deeds, the
period begins to run upon filing with the Register of Deeds.
Why? Because Presidential Decree No. 1529 says that filing

with the Register of Deeds is constructive notice to all persons.


(People v. Reyes).
o Can the period start earlier? YES. If the falsification is
discovered before filing with the Register of Deeds.
(People v. Pacificador).
Does this apply to marriages for bigamy (Since The marriage
certificate is registered with the civil registrar anyway)? NO.
The prescriptive period should begin to run from when the
offended party, State or its agents, acquired actual knowledge
of the second marriage.
o There is no counterpart provision in the Civil Register
Act which states that filing with the civ register is
constructive notice. Moreover, bigamous marriages are
usually done in a concealed manner. Hence, the period
will only begin to run upon discovery of the bigamous
marriage.


V. Prescription Of Certain Offenses
A. Prescription Of Election Offenses (1) If Discovery Of Offense Is
Incidental To Judicial Proceedings, Prescription Beings When Such
Proceeding Terminates; Otherwise (2) From Date Of Commission.
Thus, if falsification committed by inspectors in connection with
counting the votes was known to the protestants and their
election watchers BEFORE FILING of the election protests, the
period of prescription began from the DATE OF COMMISSION
of the offense (People v. Cario).

B. Prescription Of The Offense Of False Testimony From Time
Principal Case Is Finally Decided
The act of testifying falsely against the defendant does not
constitute an actionable offense until the principal case is
finally decided. And before an act becomes a punishable
offense, it cannot possibly be discovered as such by the


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offended party, the authorities or their agents (People v.
Maneja).

Article 92. When and how penalties prescribe.
The penalties imposed by final sentence prescribe 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.

POINTS

I. General Points
Loss of the State of the right to make the convict serve his
sentence by the lapse of time.

II. In Prescription Of Crimes, It Is The Penalty Prescribed By Law That
Should Be Considered; In Prescription Of Penalties, It Is The Penalty
IMPOSED That Should Be Considered
Examples:
o A committed a crime punishable by prision mayor. 12
years elapsed before it was discovered. Can A still be
prosecuted? YES. The prescriptive period of an afflictive
penalty is 15 years.
o After proving two mitigating circumstances without
aggravating, the imposed penalty was prision
correccional. A commenced to serve the sentence, but
escaped and remained at large for 12 years. If A is
caught, can he still be made to serve the remainder of
his sentence? NO. The prescriptive period of a
correctional penalty is 10 years.

III. Fine As A Light Penalty

Where the issue is the prescription of a crime and not the


prescription of the penalty, Article 9 should prevail.
o Facts: A committed a crime to which the penalty was
P200.
o Held: the prescriptive period is 2 months. Anytime
within that, A can be charged and convicted.
The subsidiary penalty for nonpayment of the fine is
immaterial
o If the fine is P525.00, the penalty prescribes in 10 years.
It being a correctional penalty.


Article 93. 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 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.

POINTS

I. Outline Of The Provisions
1. The period of prescription of penalties commences to run from
the date when the culprit ended the service of his sentence.
2. It is interrupted if the convict:
a. Gives himself up
b. Be captured
c. Goes to a foreign country with which we have no
extradition treaty
d. Commits another crime before the expiration of the
period of prescription.
Note: The period of prescription of penalties shall commence to
run again when the convict escapes again, after having been
captured and returned to prison.


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II. Elements
1. That the penalty is imposed by final sentence.
2. That the convict evaded the service of the sentence by escaping
during the term of his sentence.
3. That the convict who escaped from prison has not given himself
up or been capture, or gone to a foreign country with which we
have no extradition treaty, or committed another crime.
4. That the penalty has prescribed, because of the lapse of time
from the date of the evasion of the service of the sentence by
the convict.

III. FIRST ELEMENT: The Penalties Must Be Imposed By Final Sentence
If the convict appealed and thereafter fled to the mountains,
the penalty imposed upon him would never prescribe because
pending appeal the sentence is not final.

IV. SECOND ELEMENT: Convict Evades Service Of Sentece
Evasion of the service of the sentence is an essential element of
prescription of penalties.
The defense of prescription of penalties will not prosper if one
received a conditional pardon because there was no evasion of
the service of the sentence. Evasion presupposed escaping
during the service of the sentence consisting in the deprivation
of liberty.
o Acceptance of a conditional pardon interrupts the
prescription period (it will stop running).
Period of prescription that ran during the time the convict
evaded service of sentence is not forfeited upon his capture.
o The prescription that ran in his favor should be taking
into account.

V. THIRD ELEMENT: Convict Has Not Given Himself Up Or Been


Capture, Or Gone To A Foreign Country With Which We Have No
Extradition Treaty, Or Committed Another Crime.
A. Should go to some foreign country with which this Government
has no extradition treaty
If the convict escapes to a country where the government has
an extradition treaty, but that same treaty does not cover the
crime committed, the running of the prescriptive period will
still be considered interrupted.

B. Should commit another crime before the expiration of the period
of prescription
This assumes that the convict will be arrested for having
committed such crime. He can thus be made to serve the
remainder of the sentence which he evaded.
Evading the service of the sentence is not committing a crime
before the expiration of the period of prescription of penalties.
o This phrase should commit xxx refers to crime
committed when the prescription period has begun to
run.
Period of prescription will commence to run from the date the
convict evades his sentence.

VI. Reason why evasion of service of sentence is taken in favor of the
convict in prescription of penalties
During that period of prescription the escaped convict lives a
life of a hunted animal, hiding mostly in the mountains and
forests in constant mortal fear of being caught. His life far from
being happy, comfortable and peaceful is reduced to a mere
existence filled with fear, discomfort, loneliness and misery.
The convict who evades sentence is sometimes sufficiently
punished by his voluntary and self-imposed banishment and at
time, that voluntary exile is more grievous than the sentence
he was trying to avoid.


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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CRIMINAL LAW 1 REVIEWER




VII. Prescription of Crime v. Prescription of Penalty
Prescription of Crime
Prescription of Penalty
Loss of right to prosecute
Loss of right to enforce the
penalty
Prosecution has yet to begin
Trial on the merits already
concluded
Convict may not have been under Convict already was in custody
custody
Begins when corpus delicti Begins when crime of evasion of
discovered
service of sentence is done


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

255