c. Amnesty

Amnesty

Concept

Amnesty is a mode of total extinction of criminal liability under Article 89 of the Revised Penal Code. The provision states its effect on the penalty: amnesty completely extinguishes the penalty and all its effects. This note addresses that effect, the separate question of civil liability, and the possible restoration of political rights. (Art. 89, Revised Penal Code)¹ (Risos-Vidal v. Commission on Elections and Joseph Ejercito Estrada, G.R. No. 206666, 21 January 2015)²

Governing provisions

Article 89 expressly lists amnesty among the grounds that totally extinguish criminal liability. Article 113 addresses an obligation that may remain despite amnesty: except where civil liability is itself extinguished as provided in the preceding article, the offender continues to be obliged to satisfy civil liability resulting from the crime, even if amnesty means the sentence need not be served. (Art. 89, Revised Penal Code)¹ (Art. 113, Revised Penal Code)³

Requisites / Rules

• Criminal effect: Where amnesty applies, it completely extinguishes the penalty and all its effects under Article 89. The supplied provision does not state further requisites for the grant or application of amnesty. (Art. 89, Revised Penal Code)¹
• Civil effect: Do not treat extinction of the penalty as an automatic discharge of civil liability resulting from the crime. Article 113 expressly includes amnesty among the reasons an offender may not have been required to serve a sentence while remaining obliged to satisfy that liability, subject to the exception stated there. (Art. 113, Revised Penal Code)³
• Political rights: A plenary pardon or amnesty may restore the political rights of a person convicted by final judgment so that the person may run for and hold public office, as stated in Risos-Vidal in relation to the election-law provisions identified there. (Risos-Vidal v. Commission on Elections and Joseph Ejercito Estrada)²

Distinctions

Keep criminal liability and civil liability distinct. Article 89 describes amnesty as totally extinguishing criminal liability and the penalty’s effects; Article 113 separately preserves the obligation to satisfy civil liability resulting from the crime unless that liability has itself been extinguished as provided in the preceding article. The two provisions therefore should be read together, not as competing descriptions of the same obligation. (Art. 89, Revised Penal Code)¹ (Art. 113, Revised Penal Code)³

Key doctrines

Risos-Vidal recognizes that plenary pardon or amnesty may restore political rights following conviction by final judgment, including eligibility to run for and hold public office as described in that case. The supplied doctrine does not establish that every amnesty necessarily has that result; its formulation is that a plenary pardon or amnesty may restore those rights. (Risos-Vidal v. Commission on Elections and Joseph Ejercito Estrada)²

Exceptions

For civil liability, Article 113 reserves an express exception where that liability has been extinguished as provided in the preceding article. (Art. 113, Revised Penal Code)³

Bar tip

State the Article 89 effect first, then address civil liability under Article 113 separately. If political rights are raised, use the qualified rule in Risos-Vidal. (Art. 89, Revised Penal Code)¹ (Art. 113, Revised Penal Code)³ (Risos-Vidal v. Commission on Elections and Joseph Ejercito Estrada)²