2.
Amnesty - Exercised even before trial or investigation
TOTAL EXTINGUISHMENT OF THE CRIME
ART. 89
PAR. 1. BY DEATH
NOTES:
Extinguishment of criminal liability is a ground for motion
to quash.
Criminal liability whether before or after final judgment
is extinguished upon death because it is a personal
penalty.
Pecuniary penalty is extinguished only when death
occurs before final judgment.
The death of the offended party however does not
extinguish criminal liability of the accused because it is a
crime against the state.
PAR. 2. BY SERVICE OF SENTENCE
NOTES:
Crime is a debt, hence extinguished upon payment.
Service does not extinguish civil liability.
PAR. 3. BY AMNESTY
Amnesty is an act of the sovereign power granting
oblivion or general pardon. It wipes all traces and
vestiges of the crime but does not extinguish civil
liability.
PAR. 4. BY ABSOLUTE PARDON
Pardon an act of grace proceeding from the power
entrusted with the execution of laws, which exempts the
individual from the punishment the law inflicts for the
crime.
Amnesty From Pardon
1. Amnesty - Extended to classes of persons who may be
guilty of political offenses.
Pardon - Exercised individually by the President
Pardon - Exercised when one is convicted
3. Amnesty - Looks backward and abolishes the offense
itself
Pardon - Looks forward and relieves the offender of the
consequences
4. Amnesty - Does not extinguish civil liability
Pardon - same
5. Amnesty - A public act that needs the declaration of
the President with the concurrence of Congress
Pardon - A private act of the President
6. Amnesty - Courts should take judicial notice
Pardon - Must be pleaded and proved
PAR. 5. BY PRESCRIPTION OF CRIME
Prescription of a crime is the loss/forfeiture of the right
of the state to prosecute the offender after the lapse of
a certain time.
NOTE: When the crime prescribes, the state loses the
right to prosecute
PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by:
a. Death, reclusin perpetua or reclusin temporal 20
years
b. afflictive penalties 15 years
c. correctional penalties 10 years,
d. except those punishable by arresto mayor which shall
prescribe in 5 years
2. Crime of libel 1 year
3. Offenses of oral defamation and slander by deed 6
months
4. Light offenses 2 months
When the penalty is a compound one, the highest
penalty shall be made the basis of the application of
above rules.
PAR. 6. BY PRESCRIPTION OF PENALTY

NOTE: means the loss/forfeiture of the right of

government to execute the final sentence after the lapse
of a certain time.

Conditions:
1. There must be final judgment.
2. The period must have elapsed.

PRESCRIPTIVE PERIODS OF PENALTIES:

1. Death and reclusin perpetua 20 years
2. Other afflictive penalties 15 years
3. Correctional penalties 10 years, except for the
penalty of arresto mayor which prescribes in 5 years
4. Light penalties 1 year

PAR. 7. BY MARRIAGE OF THE OFFENDED WOMAN (ART.

344)

NOTE:
Crimes covered:
1. rape
2. seduction
3. abduction
4. acts of lasciviousness

The marriage must be contracted in good faith.