Art. 89.

How criminal liability is totally extinguished. Criminal liability is

(1) By the death of the convict, as to the personal penalties and as to pecuniary penalties,

Does not extinguish civil liability

A public act that needs the declaration of the
president with the concurrence of Congress
Courts should take judicial notice

liability therefor is extinguished only when the death of the offender occurs before final

(4) By prescription of the crime

totally extinguished:

judgment.

Extinguishment of criminal liability is a ground of motion to quash

Criminal liability whether before or after final judgment is extinguished upon death
because it is a personal penalty

Pecuniary penalty is extinguished only when death occurs before final judgement.

The death of the offended party however does not extinguish criminal liability of the
accused because it is a crime against the state.

(2) By service of the sentence

Crime is a debt, hence extinguished upon payment

Service does not extinguish civil liability

Amnesty is an act of the sovereign power granting oblivion or general pardon. It wipes
all traces and vestiges of the crime but does not extinguish civil liability.

(3) By absolute pardon

Pardon an act of grace proceeding from the power entrusted w/ the execution of laws,
which exempts the individual from the punishment the law inflicts for the crime.

Same
A private act of the president
Must be pleaded and proved

When the crime prescribes, the state loses the right to prosecute

Prescription of a crime is the loss/forfeiture of the right of the state to prosecute the
offender after the lapse of a certain time.

(5) By prescription of the penalty

means the loss/forfeiture of the right of government to execute the final sentence after
the lapse of a certain time. Conditions: there must be final judgement and the period has
elapsed.

(6) By the marriage of the offended woman, as provided in Art 344 of this Code

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.
The crime of libel or other similar offenses shall prescribe in one year.

AMNESTY
PARDON
Extended to classes of persons who may be
Exercised individually by the president
guilty of political offenses
Exercised even before trial or investigation
Exercised when one is convicted
Looks backward and abolishes the offense itself Looks forward and relieves the offender of the
consequences

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.)

In computing for the period, the first day is excluded and the last day included. Subject to
leap years

When the last day of the prescriptive period falls on a Sunday or a legal holiday, the info
can no longer be filed the ff day

Simple slander prescribes in 2 months and grave slander in 6 months

Since destierro is a correctional penalty, it prescribes in 10 years. Afflictive penalties, 15

years.

If compound penalty, basis will be the highest penalty

If fine is an alternative penalty (imposed together w/ a penalty lower than the fine), fine
shall be the basis

Prescription begins to run from the discovery thereof. Interrupted when proceedings are
instituted and shall begin to run again when the proceedings are dismissed.

If an accused fails to move to quash before pleading, he is deemed to have waived all
objections.

Prescription does not take away the courts jurisdiction but only absolves the defendant
and acquits him.