Title Four

EXTINCTION OF CRIMINAL LIABILITY

Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 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. chanrobles virtual law library

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. chan robles virtual law library

Art. 90. Prescription of crime. — Crimes punishable by death,

reclusion perpetua or reclusion temporal shall prescribe in twenty
years. chanrobles virtual l aw library

Crimes punishable by other afflictive penalties shall prescribe in

fifteen years. chanrobles virtual law librar y

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. chanrobles virtual l aw library

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

virtual law librar y

The crime of oral defamation and slander by deed shall prescribe in

six months. chanrobles virtu al law library

Light offenses prescribe in two months. chanrobles virtual law libr ary ch an robles virtual law library

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).
Art. 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. chanrobles virtual l aw library
The term of prescription shall not run when the offender is absent
from the Philippine Archipelago. chanrobles virtual law libr ary

Art. 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.
chanrobles virtual law library

Art. 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. chanrobles virtual law librar y