Crimrev-reviewer-week-1.docx

CRIMINAL LAW REVIEW I.

EXTINCTION OF CRIMINAL LIABILITY A.

TOTAL EXTINCTION OF CRIMINAL LIABILITY



Does NOT extinguish civil liability.

3. Amnesty  Completely extinguishes the penalty and its effects.  Such would render the crime non-existent, thus eliminating recidivism TICMAN: Difference between Amnesty and Pardon: AMNESTY Mode of extinguishment Public act of the president and senate Need not be convicted, sufficient that the offender is charged Crimes involved are generally political offenses and not common crimes

PARDON Mode of extinguishment Private act of the president only Granted to those convicted by final judgment

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. 2. By service of the sentence; 3. By amnesty, which completely extinguishes the penalty and all its effects; 4. By absolute pardon; 5. By prescription of the crime; 6. By prescription of the penalty; 7. By the marriage of the offended woman, as provided in Article 344 of this Code.

4. Absolute Pardon [Art. 36]

1. Death  Death will always extinguish criminal liability regardless if it occurs before or after conviction by final judgment.  If convict dies before final judgment, pecuniary penalties are also extinguished.  Civil liability exists only when the accused is convicted by final judgment.

ART. 36. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

GENERAL RULE: Death of the accused pending appeal of his conviction extinguishes his criminal liability. EXCEPTION: The claim for civil liability survives notwithstanding the death of the accused, if the same may be predicated on a source of obligation other than delict. (Law, Contract, QuasiContract, Quasi-Delict)

ABSOLUTE PARDON  A pardon is a private act made by the chief executive by the power vested in him by the constitution.  Pardon generally does not restore political and civil rights.  Cannot be revoked compared to conditional pardon. Elements: 1. Only by the chief executive 2. Only to persons convicted by final judgment 3. Not granted in impeachment cases 4. Not granted if the offender had violated an election law

TICMAN: Examples: If A kills B with his car, the obligation to pay for hospitalization and burial expenses (civil liability) which arose from delicts: 1. Is extinguished IF the A dies before final judgment or during appeal. 2. Subsists IF the convict dies after final judgment (where such expenses will be paid by the convict’s estate). A issues a bad check, and B sues A under BP22. If A dies before final judgment or during appeal, the criminal liability for BP22 will be extinguished, but the civil liability to return the money stolen will survive A’s death. Why? Because such is based on a different source of obligation, a contract. 2. Service of sentence  Commission of a crime is a debt which must be paid by serving the imposed sentence or penalty.

Crimes may be either common crimes or political offenses

Pardon shall not restore: a. The right to hold public office b. The right to suffrage/vote Exception: The chief executive expressly restores rights. (Risos-Vidal vs. COMELEC) PARDON BY: PRESIDENT Extinguishes criminal liability Cannot pardon civil liability

OFFENDED PARTY Does NOT extinguish criminal liability Can waive the right to claim civil liability

FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019

5. Prescription (See Discussion under Art. 90) 6. Marriage of offended woman [Art. 344]  Marriage to the offender extinguished criminal liability and such extends to all other co-conspirators. 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). Death Reclusion Perpetual Reclusion Temporal Punishable by other afflictive penalties Correctional

20 years

Oral Defamation Slander by deed

6 months

15 years

Light offenses

2 months

10 years

2 months

Arresto Mayor Libel/Similar crimes

5 years 1 year

Arresto Menor Fine < 200php Attempted Bribery

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Destierro/10 years

If compound crime, use the crime with a higher penalty as basis. May be raised during trial or on appeal.

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. PRESCRIPTION OF CRIMES 1. Prescription runs from the day the crime is discovered by the offended party, the authorities or their agents. Note: Discovery of the commission of the crime, not the discovery of the offender. 2. Interrupted by the institution of a criminal action. 3. Runs again when proceedings are terminated (without conviction or acquittal).

4. Term shall not run if the offender is not in the Philippines. TICMAN: Example: A killed her husband B (Parricide – 20 years) on April 1, 1995. C was their kasambahay who witnessed A kill and bury B’s body. In 2016, C who was haunted by the crime of A, went to the authorities and reported the crime. A case is filed against A, who claims that her crime had already prescribed.  The crime has not yet prescribed. The crime committed was only discovered in 2016 because C is not one of the entities specified by law to witness a crime and commence the prescriptive period thereof. (ONLY the offended party, the authorities, or their agents.)  IF for example C, the child of A and B, witnessed the same crime when she was 3 years old, and considering all other facts are the same, will the answer be different? o Yes, the crime in this case has prescribed. The law must be construed in favor of the accused, wherein the crime had already prescribed (will double check this*) JADEWELL PARKING SYSTEMS CORP vs. JUDGE LIDUA Jadewell argues that the filing of complaint with the prosecutor’s office had interrupted the prescriptive period in their case. The Supreme Court ruled that the prescriptive period of the crime will be interrupted only when the case is actually filed in court, and not when the criminal complaint is filed with the Office of the City Prosecutor. Note: This case is an exception to the general rule on prescription. It’s a special case where direct filing is allowed under Sec. 9 of the Rules on Summary Procedure, which means no preliminary investigation was needed. Thus, petitioner’s filing of a complaint with the prosecutor’s office (for the purpose of preliminary investigation) and not directly with the court was the reason why the Supreme Court ruled that the reckoning point was the filing of the information. PANAGUITON vs. DEPARTMENT OF JUSTICE Any kind of investigative proceeding instituted against the guilty person which may ultimately lead to his prosecution should be sufficient to interrupt prescription. TICMAN: The source of the prescriptive period for this case of BP22 is obtained from Act. No. 3326. In these cases, it is often ruled by the court that the prescriptive period will commence when the check is dishonored or when a demand is made. The correct view in my opinion, is that it should start when the period to subsequently pay the offended party has lapsed. 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. FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019

PRESCRIPTION OF PENALTIES  Starts to run from the date the culprit evaded the service of sentence. Elements: 1. Penalty imposed by final sentence 2. Convict had started service 3. Convict had evaded service The prescription of penalties is interrupted when the convict: 1. Gives himself up 2. Is captured or recaptured 3. Goes abroad to a country with which we have no extradition treaty 4. Commits another crime (Art. 157 is not a crime which interrupts) Note: The period of prescription during evasion is not forfeited, and thus tacking will occur, where the years of evasion will be added to any subsequent years of evasion if any. TICMAN: Example: A committed murder and was convicted. He had waived his right to appeal, and thus the judgment was deemed final and executory. While A was on board the vehicle taking him to the penitentiary, he was rescued and went into hiding. Upon his surrender 21 years later, he was jailed, and is now claiming that the penalty had already prescribed. Is he correct?   B.

No. The evasion of service contemplated by Art. 93, which would allow the prescriptive period to continue running, does not apply if the convict had not started the service of his sentence. IF A had already started his sentence, even if for just 30 minutes, and he subsequently escapes, then the rule on evasion of service can apply to him. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

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. 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. CONDITIONAL PARDON 1. Grantee must comply with the condition 2. If no compliance, pardon will be revoked 3. Also, they are liable under Art. 159 if revoked

Condition of a pardon is limited to the unserved portion of the sentence, unless an intention to extend it beyond that time is manifest.  II.

Commutation of the sentence means the sentence will be reduced.

PROBATION LAW A. 

PROBATION A privilege granted to the accused primarily for the benefit of the organized society, and incidentally for the benefit of the accused. Procedure: 1. Application in writing by the offender after judgment (interlocutory) 2. Filed with the court which rendered the judgment 3. During the period for perfecting an appeal (15 days from judgment) Disqualifications [Section 9 of P.D. 968] 1. Sentenced to serve a maximum term of imprisonment of more than 6 years 2. Was previously under probation 3. Previously been convicted by final judgment of an offense punishable by imprisonment of not less than 6 months and 1 day and/or a fine of not less than 1000 pesos. (New – as amended by RA 10707) 4. Convicted of any crime against national security 5. Convicted of an election law violation 6. If he appeals the judgment (See Colinares vs. People) 7. Any person convicted under RA 9165 TICMAN: Things to remember: 1. Application of probation prevents an appeal 2. If an appeal is filed, it is considered to be filed out of time because the application of probation makes the judgment final. Notes:  Upon application for probation, offender is deemed to have admitted the crime, and is thus not allowed to file an appeal.  Judgment is final when convict has 1) Not appealed from the judgment 2) Waived the right to appeal 3) Served his sentence and, 4) Applied for probation. o Legal basis for Criminal Law: Section 4, P.D. 968 o Legal basis for Remedial Law: Section 7, Rule 120 Example: A committed the crime of serious physical injuries and was sentenced to a maximum period of 8 years. A filed an appeal, with the CA which was granted. The CA ruled that the lower court erred, and thus they modified the sentence to one with a maximum penalty of 4 years. Can A go back to the trial court and apply for probation, and should it be granted?  Yes, it should be granted. The case of Colinares vs. People allowed the offender to apply for probation despite the prior appeal from the trial court.

FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019

GENERAL RULE: A probationable sentence with a subsequent appeal made after will disqualify the offender from applying for probation EXCEPTION: A non-probationable sentence with a subsequent appeal which modified the sentence to a probationable one, will allow the offender to apply for probation. If A appeals to the Supreme Court after the CA’s judgment, then the application for probation must be denied. Probation is not a right but a privilege, and thus it must be exercised at the earliest convenience. (Same Facts) A committed the crime with B, C, and, D and A was the only one granted probation because B, C, and D were not planning to file an appeal from the trial court’s decision. In this case, by reason of the rules on criminal procedure, the benefit of the modified sentence will also extend to the several defendants. Thus the probation application of B, C, and, D, should be granted.

FEVIDAL JLS || CRIMINAL LAW REVIEW || ATTY. TICMAN || S.Y. 2018-2019