2. Will extinction of criminal liability
automatically extinguish civil liability?
• NO. (Petralba vs Sandiganbayan, G.R. No. 81337, August
16, 1991)
• Civil liability is extinguished only when death occurs
before final judgment.
3. What is then FINAL JUDGMENT?
• Means judgment beyond recall.
• A judgment in a criminal case becomes final after the
lapse of the period for perfecting an appeal or when
the sentence has been partially or totally satisfied or
served, or the defendant has expressly waived in
writing his right to appeal.
4. Criminal liability is totally extinguished:
1. By death of the convict;
2. By service of sentence;
3. By amnesty, which completely extinguishes
the penalty and its effects;
4. By absolute pardon;
5. By prescription of crime;
6. By prescription of penalty; or
7. By the marriage of the offended woman, under Rape
cases.
5. Effect of the death of the Accused
pending appeal on his criminal and civil
liability
• General Rule:
- Death of the Accused pending appeal extinguishes
his criminal liability as well as his civil liability based solely
on the offense committed.
• Exception:
- When civil liability is based on other source/s of
obligation.
6. Caveat!
• Death of the OFFENDED PARTY does not extinguish the
criminal liability of the offender, because the offense is
committed against the State.
7. By Service of 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.
8. By Amnesty
• Amnesty – it 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.
• It completely extinguishes the penalty and all its
effects.
9. By Absolute Pardon
• Pardon – 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.
• Pardon can be absolute or conditional
10. Limits on the Power of the President
to grant Pardon
He cannot extend Pardon in:
a. Impeachment Cases;
b. Cases that have not yet resulted in final
conviction, hence, while on appeal the same
cannot be granted; and
c. Cases involving violations of election laws, rules
and regulations in which there was no favorable
recommendation coming from the COMELEC.
11. By Prescription of Crime and by
Prescription of Penalty
• Prescription of Crime – is the forfeiture or loss of
the right of the State to prosecute the offender
after the lapse of a certain time.
• Prescription of Penalty - is the loss of the right of
the Government to execute the final sentence
after the lapse of a certain time.
13. PRESCRIPTION OF CRIMES
• Death, Reclusion Perpetua, Reclusion Temporal
- 20 years
• Prision Mayor – 15 years
• Correctional Penalty - 10 years
• Arresto Mayor - 5 years
• Libel – 1 year
• Oral Defamation or Slander by Deed – 6 months
• Light Offenses – 2 months
• Compound Penalty – highest penalty is the basis
14. Computation
• The date of the commission or the date of the
discovery of the crime/offense.
• Interrupted by the filing of the complaint
• Then commences again when proceedings terminate
without conviction nor acquittal of the Accused.
• Prescription shall not run when the offender is
absent from the Philippines.
