Criminal Law Book 1 Articles 91 – 100
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.
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
- If there is nothing concealed (appears in a public document), the crime commences to run on the date of the commission
- Period of prescription for crimes that is continuing never runs
- Crime needs to be discovered by:
a) offended party
c) their agents
- If a person witnesses the crime but only tells the authorities 25 years later, prescription commences on the day the authorities were told.
- What interrupts prescription?
a) preliminary examination or investigation w/c is similar to judicial proceeding
b) filing the proper complaint w/ the fiscal’s office and the prosecutor. Police not included.
c) Filing complaint with the court that has proper jurisdiction
- When the period commences to run again
a) When the proceeding is terminated without the accused being convicted or acquitted
b) When the proceeding is unjustifiably stopped for a reason not imputable to the offender
- “when such proceedings terminate” – termination that is final; an unappealed conviction or acquittal
- “unjustifiably stopped for any reason” – example: accused evades arrest, proceedings must be stopped
- Art 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription
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.
- Note that final sentence must be imposed
- If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the original penalty that is used as the basis for prescription. However, if the convict already serves a portion of his sentence and escapes after, the penalty that was imposed (not the original) shall be the basis for prescription
- Fines less than 200 fall under light penalty. Those above are correccional.
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.
a) penalty is final
b) convict evaded the sentence
c) convict has not given himself up
d) penalty has prescribed because of lapse of time from the date of the evasion of the service of the sentence
- Interruption of the period
- If the defendant surrenders
- If he is captured
- If he should go into a foreign country with which the Philippines has no extradition treaty
- If he should commit another crime before the expiration of the period of prescription
- Acceptance of a conditional pardon(People v. Puntilos)
- If a government has an extradition treaty w/ the country to w/c a convict escaped and the crime is not included in the treaty, the running of the prescription is interrupted
- Sentence evasion clearly starts the running of the prescription. It does not interrupt it. Acceptance of the conditional pardon interrupts the prescriptive period.
- Rolito Go case: since he was captured, he is only supposed to serve the remainder of his sentence. Reason: during the period he escaped, his existence is one of fear and discomfort
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.
Conditional pardon – contract between the sovereign power of the executive and the convict
- Convict shall not violate any of the penal laws of the Philippines
- Violation of conditions:
- Offender is re-arrested and re-incarcerated
- Prosecution under Art. 159
Commutation – change in the decision of the court by the chief regarding the
(1) degree of the penalty;
(2) by decreasing the length of the imprisonment or fine
- Commutation allowed when:
a) person over 70 yrs old
b) 10 justices fail to reach a decision affirming the death penalty
- Consent not necessary in commutation
- Prisoner is also allowed special time allowance for loyalty w/c is 1/5 deduction of the period of his sentence.
Parole – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed.
|Given after final judgement||Given after service of the minimum penalty|
|Granted by Chief Executive||Given by the Bd of Pardons and Parole|
|For violation, convict may not be prosecuted under 159||For violations, may be rearrested, convict serves remaining sentence|
· Good conduct allowance during confinement
Deduction for the term of sentence for good behavior
Art. 95. Obligation incurred by person granted conditional
pardon. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him.
- Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest
Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.
Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior.
- Allowance for good conduct not applicable when prisoner released under conditional pardon.
- Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.
Allowances for Good conduct per year
|First 2 years||5 days per month of good behavior|
|3rd to 5th years||8 days per month of good behavior|
|Following years up to 10th year||10 days per month of good behavior|
|11th year and successive years||15 days per month of good behavior|
Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article.
- Special time allowance for loyalty of prisoners:
- The article applies only to prisoners who escaped
- deduction of 1/5 of the period of sentence of prisoner who having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158, gives himself up to the authorities w/in 48 hrs ff the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe
- deduction based on the original sentence and not on the unexpired portion
- Art 158 provides for increased penalties:
– a convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration, earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months), if he fails to give himself up to the authorities w/in 48 hrs ff the issuance of a proclamation by the President announcing the passing away of the calamity.
Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked.
a) authority to grant time allowance for good conduct is exclusively vested in the Dir (e.g. provincial warden cannot usurp Director’s authority)
b) it is not an automatic right and once granted, cannot be revoked by him
a) social injury – produced by disturbance and alarm w/c are the outcome of the offense
b) personal injury – caused by the victim who may have suffered damage, either to his person, property, honor or chastity
Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable.
obligation to repair or to make whole the damage caused to another by reason of an act or omission, whether done intentionally or negligently and whether or not punishable by law
Dual character of the crime as against:
a) the state because of the disturbance of peace and order
b) the private person injured unless it involves the crime of treason, rebellion, espionage, contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime
Damage that may be recovered in criminal cases:
- Crimes against persons, like crime of physical injuries – whatever he spent for treatment of wounds, doctor’s fees, medicines as well as salary or wages unearned
- Moral Damages: seduction, abduction, rape or other lascivious acts, adultery or concubinage, illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of defamation, malicious prosecution
- Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances
a) If there is no damage caused by the commission of the crime, offender is not civilly liable
b) Dismissal of the info or the crime action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil one.
c) When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted
d) Exemption from criminal liability in favor of an imbecile or insane person, and a person under 9 yrs, or over 9 but under 15 who acted w/ discernment and those acting under the impulse of irresistible force or under the impulse of an uncontrolable fear of an equal or greater injury does not include exemption from civil liability.
e) Acquittal in the crim action for negligence does not preclude the offended party from filing a civil action to recover damages, based on the theory that the act is quasi-delict
f) When the court found the accused guilty of crim negligence but failed to enter judgement of civil liability, the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case to the trial court for the latter to include in its judgement the civil liability of the accused
g) Before expiration of the 15-day of for appealing, the trial court can amend the judgement of conviction by adding a provision for the civil liability of the accused, even if the convict has started serving the sentence.
h) An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. Reservation is necessary in the ff cases:
- any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the right of suffrage)
- defamation, fraud and physical injury (bodily injury and not the crime of physical injury)
- civil action is against a member of a city or municipal police force for refusing or failing to render aid or protection to any person in case of danger to life or property
- in an action for damage arising from fault or negligence and there is no pre-existing contractual relation between the parties (quasi-delict)
i) Prejudicial Question – one w/c arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.
- For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case. Prejudicial questions may be decided before any criminal prosecution may be instituted or may proceed.
- An independent civil action may be brought by the injured party during the pendency of the criminal case, provided that the right is reserved
- Extinction of the penal action does not carry with it the extinction of the civil, unless the extinction proceeds from a declaration in a final judgement that the fact from which the civil might arise did not exist
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001