D. Extinction of Criminal Liability

F. Extinction of Criminal Liability

• Total Extinction
• Death of Convict
• Service of Sentence
• Amnesty
• Absolute Pardon
• Prescription of Crimes – Article 90; See Periods of Prescription for Violations Penalized by Special Acts – Act No. 3326, secs. 1-2
• Prescription of Penalties – Articles 92–93, RPC
• Marriage between the Offender and the Offended Party–Articles 266-C and 344
• Probation – P.D. No. 968, as amended by R.A. No. 10707, secs. 4, 9 and 16
• Partial Extinction – Article 94, as amended by R.A. No. 10592, secs. 2-5
• Conditional Pardon – Article 95; Act No. 1524
• Commutation of Sentence – Article 96
• Good Conduct Allowances – Article 97, as amended by R.A. No. 10592, sec. 3
• Parole – Act No. 4103, sec. 5

The extinction of criminal liability refers to the circumstances under which a convict’s criminal responsibility is either totally or partially extinguished. This can occur through various legal mechanisms, either by completely erasing the penalty or by reducing it. The provisions for extinction of criminal liability are outlined in the Revised Penal Code (RPC) of the Philippines, as well as in various special laws.

1. Total Extinction of Criminal Liability

Total extinction of criminal liability means that the convict is completely absolved of the penalty or liability. The following are the modes through which total extinction can occur:

• Death of the Convict
• Article 89, RPC: Death extinguishes personal penalties. It extinguishes pecuniary penalties only if the offender dies before final judgment; any surviving civil liability is determined separately.
• Service of Sentence
• Once the convict fully serves the sentence imposed by the court, the criminal liability is extinguished. The person has fulfilled the legal obligation and is no longer subject to any penalties related to that offense.
• Amnesty
• Article 89, RPC: Amnesty is an act of sovereign power granting oblivion for past acts, usually political offenses. Unlike pardon, amnesty is a general act that requires the concurrence of Congress and completely obliterates the criminal liability of those covered by it.
• Absolute Pardon
• Article 89, RPC: Absolute pardon is an act of clemency by the President that fully extinguishes criminal liability. It is different from conditional pardon in that it imposes no conditions; under Article 36, RPC, the rights to hold public office and to vote are restored only if expressly restored in the pardon.
• Prescription of Crimes – Article 90, RPC
• Prescription of crimes refers to the expiration of the period within which the state can prosecute an offender. After the lapse of the prescriptive period, criminal liability is extinguished. The period depends on the penalty for the crime:
• 20 years for crimes punishable by death, reclusion perpetua, or reclusion temporal.
• 15 years for crimes punishable by other afflictive penalties.
• 10 years for crimes punishable by correctional penalties.
• 5 years for crimes punishable by arresto mayor.
• 2 months for light offenses.

Act No. 3326, secs. 1-2 also governs the prescription of offenses punishable under special laws. The general periods are:

• 12 years for offenses punishable by imprisonment of six years or more.
• 8 years for offenses punishable by imprisonment of at least two but less than six years.
• 4 years for offenses punishable by imprisonment of less than two years.
• 1 year for offenses punishable by fine only. Check the applicable special law for a different prescribed period.
• Prescription of Penalties – Articles 92–93, RPC
• Similar to the prescription of crimes, penalties also prescribe. This means that after a certain period, the penalty can no longer be enforced:
• 20 years for death and reclusion perpetua.
• 15 years for other afflictive penalties.
• 10 years for correctional penalties.
• 1 year for light penalties.
• Marriage between the Offender and the Offended Party – Articles 266-C and 344, RPC
• Article 266-C, RPC: In cases of rape, criminal liability is extinguished by the marriage of the offender and the offended woman.
• Article 344, RPC: A valid marriage of the offender and offended party extinguishes the criminal action or remits the penalty for seduction, abduction, and acts of lasciviousness; rape is governed by Article 266-C. A child marriage cannot have this effect under R.A. No. 11596.
• Probation – P.D. No. 968, as amended by R.A. No. 10707
• Probation is a suspension of the execution of a sentence and the placement of the convict under the supervision of a probation officer. Once the probation period is successfully completed, the criminal liability is extinguished. Sections 4, 9, and 16 of the Probation Law govern the procedures and effects of probation.

2. Partial Extinction of Criminal Liability

Partial extinction of criminal liability involves a reduction or alteration of the penalty imposed, rather than its complete elimination. The following are the modes through which partial extinction can occur:

• Conditional Pardon – Article 95, RPC; Act No. 1524
• A conditional pardon is granted by the President with conditions that must be met by the convict. If the conditions are violated, the pardon may be revoked, and the original penalty can be reinstated. The pardon may reduce the sentence or change its nature, but it does not completely extinguish criminal liability.
• Commutation of Sentence – Article 96, RPC
• Commutation is the reduction of the sentence to a lesser one by the President. For example, a death sentence may be commuted to reclusion perpetua. Commutation does not erase the criminal record but reduces the severity of the punishment.
• Good Conduct Allowances – Article 97, RPC, as amended by R.A. No. 10592
• Good Conduct Time Allowance (GCTA): Under the amended law, a convict can have their sentence reduced for good behavior while in prison. The GCTA can reduce the length of imprisonment significantly, depending on the behavior and the duration of imprisonment. The amendments to Article 97 expanded the GCTA, providing greater reductions and incentives for good behavior.
• Parole – Act No. 4103, sec. 5
• Parole is the conditional release of a prisoner before the completion of their maximum sentence, granted by the Board of Pardons and Parole. The prisoner remains under supervision and must comply with certain conditions. If the parolee violates the conditions, they can be re-incarcerated. Parole reduces the period of incarceration but does not fully extinguish criminal liability.

Conclusion

The extinction of criminal liability, whether total or partial, serves various purposes within the criminal justice system, including reformation, clemency, and the alleviation of overly harsh penalties. Total extinction results in complete absolution of the penalty, while partial extinction provides avenues for reduced penalties or altered conditions of punishment. These mechanisms reflect the balance between the need for justice and the potential for mercy and rehabilitation.

Computation of GCTA

The GCTA is computed based on the number of days deducted from the inmate's sentence for each month of good behavior. The deductions increase as the inmate serves more time:

• First 2 years of imprisonment: A deduction of 20 days for each month of good behavior.
• Third to fifth year of imprisonment: A deduction of 23 days for each month of good behavior.
• Sixth to tenth year of imprisonment: A deduction of 25 days for each month of good behavior.
• Eleventh year and onwards: A deduction of 30 days for each month of good behavior.

In addition to GCTA, there are other time allowances that may further reduce the sentence:

• Special Time Allowance for Loyalty (STAL): Under Article 98, RPC, as amended by R.A. No. 10592, a deduction of one-fifth of the sentence for a prisoner who escapes during a qualifying calamity or catastrophe and returns within 48 hours after its cessation, or two-fifths for a prisoner who stays in the place of confinement despite it.
• Time Allowance for Study, Teaching, and Mentoring (TASTM): Under Article 97(5), RPC, as amended by R.A. No. 10592, an additional deduction of 15 days for each month of study, teaching, or mentoring service time rendered.