Wednesday, July 28, 2010

Legal Procedures 20: Extinction and prescription of the crime; civil liability

Free PDF legal procedures extinction and prescription of the crime civil liability Notes: (1) Please surf to the complete list of available PDFs on legal procedures in criminal and civil cases.

(2) Criminal liability may be extinguished either totally (Art. 89, Revised Penal Code) or partially (Art. 94).

Total extinction takes place under the following:

(a) death of the convict
(b) service of sentence
(c) amnesty
(d) absolute pardon
(e) prescription of the crime
(f) prescription of the penalty
(g) marriage of the offended woman, in private offenses, as provided by Art. 344 RPC
Prescription of the crime - it is the forfeiture or the loss of the right of the State to prosecute the offender after the lapse of a certain period of time fixed by law (Art. 90, RPC)

Prescription of the penalty - it is the loss or forfeiture of the right of the State to execute the final sentence after the lapse of a certain period of time fixed by law (Art. 92, RPC).

Period of prescription of crimes punished by:
(a) death, reclusion perpetua and reclusion temporal - 20 years;

(b) other afflictive penalties - 15 years;

(c) correctional penalties - 10 years except arresto mayor which prescribes in 5 years;

(d) oral defamation and slander by deed - 6 months;

(e) light offenses - 2 months.
The prescriptive period for violation of Batas Pambansa Blg. 22 (bouncing checks) is 4 years.

Computation of the period of prescription of penalties

The period commences to run from the date the culprit evades the service of the sentence. It is interrupted:
(a) if the defendant surrenders;

(b) if he is captured;

(c) if he should go to a foreign country with which the Philippines has no extradition treaty; and

(d) if he should commit another crime before the expiration of the period of prescription (Art. 93, RPC).
Partial extinction of criminal liability, Art. 94, RPC : (1) conditional pardon; (2) commutation of sentence; (3) good conduct allowances during confinement; (4) parole; (5) probation.

Civil liability includes:
(1) restitution - the return or restoration of the thing;

(2) reparation of the damage caused - the court determines the amount of damages by considering the price of the thing itself, and its special sentimental value to the offended party;

(3) indemnification for consequential damages - includes those caused to the injured party and those suffered by a third person by reason of the crime. (Art. 100 up to 113, RPC)