Art. 81. When and how the death penalty is to be executed. — The death sentence shall be executed with reference to any other and shall consist in putting the person under sentence to death by electrocution. The death sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.
Art. 82. Notification and execution of the sentence and assistance to the culprit. — The court shall designate a working day for the execution but not the hour thereof; and such designation shall not be communicated to the offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight hours following the notification, but before sunset. During the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a will and confer with members of his family or persons in charge of the management of his business, of the administration of his property, or of the care of his descendants.
- Designate a working day w/c shall not be communicated to the offender before the sunrise of said day. The execution shall not take place until after the expiration of at least 8 hrs following such notification.
- He can execute a will.
Art. 83. Suspension of the execution of the death sentence. — The death sentence shall not be inflicted upon a woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.
- Death sentence commuted to RP:
a) woman, within 3 years, following the date of sentence
b) woman, while pregnant
c) person over 70 years old.
Art. 84. Place of execution and persons who may witness the same. — The execution shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize.
Art. 85. Provisions relative to the corpse of the person executed and its burial. — Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.
Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.
- Destierro shall be imposed in the ff cases:
a) death or serious physical injuries is caused or are inflicted under exceptional circumstance
b) person fails to give bond for god behavior
c) concubine’s penalty for the crime of concubinage
d) lowering the penalty by degrees
- Execution of Distierro
a) Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not be more than 250 and not less than 25 km from the place designated.
b) If the convict enters the prohibited area, he commits evasion of sentence
Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it.
- Served where:
- In the municipal jail
- In the house of the offender, but under the surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. But the reason is not satisfactory just because the offender is a respectable member of the community
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.
- 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.
|Extended to classes of persons who may be guilty of political offenses||Exercised individually by the president|
|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|
|Does not extinguish civil liability||Same|
|A public act that needs the declaration of the president with the concurrence of Congress||A private act of the president|
|Courts should take judicial notice||Must be pleaded and proved|
(4) By prescription of the crime
- 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.
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 court’s jurisdiction but only absolves the defendant and acquits him.
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001