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CHAPTER VI: EXTINCTION AND SUSPENSION OF CRIMINAL LIABILITY
This chapter outlines the ways criminal liability can be extinguished, either through
completion of the penalty or by legal means, as well as how certain circumstances can suspend
liability.
Modes of Extinction of Criminal Liability (Art. 89, RPC)
1. Death of the convict
o Criminal liability is totally extinguished.
o Civil liability is extinguished only if death occurs before final judgment.
2. Service of sentence
o Complete service of the imposed penalty extinguishes liability.
3. Amnesty
o Granted by the President with Congress approval; erases the crime itself.
4. Absolute Pardon
o Erases criminal liability after final conviction.
o Does not automatically erase civil liability, unless expressly stated.
5. Prescription of crime
o The State’s right to prosecute expires after a prescribed time.
6. Prescription of penalty
o The State’s right to enforce the penalty expires if not served within a prescribed
period.
7. Marriage (in certain crimes)
o The marriage of the offender and the offended party extinguishes criminal
liability in:
Seduction
Abduction
Acts of lasciviousness
Rape (under previous laws)
Effect of Amnesty vs. Pardon
Basis Amnesty Pardon
Who grants President with Congress President alone
Basis Amnesty Pardon
approval
When given Before or after conviction After conviction only
Effect on Only removes the
Extinguishes the crime itself
crime penalty
Generally applied to a Applied to an
Scope
class/group individual
Prescription of Crimes (Art. 90–91, RPC)
Period after which no criminal action can be filed.
Prescription
Crime Type
Period
Crimes punishable by death, reclusion perpetua, reclusion
20 years
temporal
Crimes punishable by other afflictive penalties 15 years
Correctional penalties (except arresto menor) 10 years
Arresto menor and light penalties 2 months
Libel (special rule) 1 year
Oral defamation and slander by deed 6 months
Note: The prescriptive period is interrupted by:
Filing of the complaint or information
When the offender is absent from the Philippines
Prescription of Penalty (Art. 92–93, RPC)
Period after which the penalty can no longer be served.
Prescription
Penalty Imposed
Period
Death, reclusion perpetua, reclusion
20 years
temporal
Other afflictive penalties 15 years
Correctional penalties 10 years
Light penalties 1 year
Note: Prescription of penalty runs from the time the convict evades service of sentence.
Suspension of Criminal Liability
Minor Offenders (below 18 years old under R.A. 9344):
o May be exempt from criminal liability unless acting with discernment.
o May still face civil liability.
Insanity or Mental Disorder:
o Proceedings may be suspended if the accused is declared insane or unfit for
trial.
o Trial resumes once the accused is restored to fitness.
Let me know when you're ready for Chapter VII: Civil Liability, and I’ll continue in the same
format.
