prescription of crimes and penalties

5/24/2018 Prescription of Crimes and Penalties

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PRESCRIPTION of CRIMES and

PENALTIES

ARTICLES 90-93


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Prescription of Crimes. Art. 90

Crimes punishable by death, reclusion perpetua or reclusion temporalshall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteenyears.

Those punishable by a correctional penalty shall prescribe in ten years;

with the exception of those punishable by arresto mayor, which shallprescribe 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 sixmonths.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penaltyshall be made the basis of the application of the rules contained in thefirst, second and third paragraphs of this article. (As amended by RA 4661,approved June 19, 1966).


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Computation of prescription of offenses.

Art. 91

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 theoffender is absent from the Philippine Archipelago


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When and how penalties prescribe.

Art. 92

The penalties imposed by final sentence

prescribe as follows:

1. Death and reclusion perpetua, in twenty

years;

2. Other afflictive penalties, in fifteen years;

3. Correctional penalties, in ten years; with the

exception of the penalty of arresto mayor, whichprescribes in five years;

4. Light penalties, in one year.


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Computation of the prescription of

penalties. Art. 93

The period of prescription of penalties shallcommence to run from the date when theculprit should evade the service of his

sentence, and it shall be interrupted if thedefendant should give himself up, becaptured, should go to some foreign countrywith which this Government has no

extradition treaty, or should commit anothercrime before the expiration of the period ofprescription.


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PRESCRIPTION OF CRIME

The forfeiture or loss of the right of the State to

prosecute the offender after the lapse of a

certain time

designed to protect the person accused of

committing a crime


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PRESCRIPTION OF CRIME

Gr: Prescription of the crime begins on the day

the crime was committed

Xpn: When the crime was concealed,

prescription would only commence from the

time the offended party or the governmentlearns of the commission of the crime.


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Computation of Prescription of

Offenses: (Art. 91)

THREE STAGES:

1. Commencement of the period of

prescription

2. Interruption of the period of prescription

3. Recommencement of the period of

prescription


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Prescription of Offenses

Commence:

the day on which the crime is discovered by:

the offended party

the authorities

agents of the authorities

NOTE: The term of prescription shall not run whenthe offender is absent from the Philippine

archipelago


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Interruption:

Filing of complaint or information

The mere filing of a complaint with

1.Chief of police

2.Office of the NBI

3.Office of the Provincial Director of PNP

does not interrupt the prescriptive period


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Recommence:

when such proceedings terminate without the

accused being convicted or acquitted, orunjustifiably stopped for any reason not

imputable to the accused.


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Situations which do not follow

Art. 91:

1. Continuing crimes

Prescriptive period will start to run only at the termination of

the intended result

2. Crimes against false testimony

a.If FT is against the defendant:

from the date final judgment was renderedb.If FT is in favor of the defendant:

from the date the testimony was given


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3. Election offenses

If discovery of the offense is incidental to judicial

proceedings:

when such proceedings terminate

If not: from the date of the commission of the offense

4. Bigamy-although marriage is registered, prescriptiveperiod commences from the date of discovery


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(crime) (penalty)

Crimes punishable by Death, RP or RT 20 years 20 years

Other afflictive penalties 15 years 15 yearsCorrectional penalties 10 years 10 years

Arresto Mayor 5 years 5 years

Libel and other similar offenses 1 year

Oral Defamation or Slander by Deed (Grav 6 months

Light Offenses 2 months 1 year

Simple slander 2 months

Crime or Penalty Period of Prescription of:


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Special Laws

Imprisonment of 6 years Or more 12 years

Imprisonment of 2 years, But less than 6 years 8 years

Offenses under Internal Revenue Law 5 years

Imprisonment of over 1 month, But less than 2 years 4 years

Offenses punished only by fine Or imprisonment for not more than one month Or BOTH 1 year

Violations of municipal ordinances 2 months

Violations of the regulations Or conditions of certificate of convenience by the Public Service Commi 2 months

Prescriptive periods under special laws and municipal ordinances


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Fines

Fine is afflictive 15 years

Fine is correctiona 10 yearsFine is light 2 years

Crimes punishable by fines


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PRESCRIPTION OF PENALTY. ART. 92

The loss or forfeiture of the right of the government to

execute the final sentence after the lapse of a certain

time

GR: prescription of penalties is based on the penalty

imposed

Penalty must be imposed by final sentence.

XPN: if the accused was never arrested to serve his

sentence, then the prescription of penalty cannot

commence


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ELEMENTS:

1.Penalty is imposed by final judgment

2. The convict evaded the service of his sentence

3. The convict escaped during the term of his

sentence


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4. The convict who has escaped has:

a. Not given himself up

b. Not been captured

c. Committed another crime

d. Gone to a foreign country with which Philippines has no

extradition treaty with

EXPN: if there is extradition treaty but the crime committed is

not included in the treaty, the prescriptive period is interrupted

5. The penalty has prescribed because of thelapse of time from the date of the evasion of

service of the sentence by the convict.

i f h i i f


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Computation of the prescription of

penalties. ART 93

1. Commence:from the date when the culprit evaded the service of his sentence

2. Interruption:

it is interrupted if the convict:

a. gives himself upb. has been captured

c. Commits another crime BEFORE the expiration of the period of prescription

d. Gone to a foreign country with which Philippines has no extradition treaty

with

e. Acceptance of a conditional pardon

3. Recommence:

when the convict escapes AGAIN after having been captured and returned

to prison


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CRIME PENALTY

Forfeiture or loss of the right of the State to

prosecute

Forfeiture or loss of the right of the

government to execute the final

sentence

Considers the penalty prescribed by law Considers the penalty imposed

Starts upon the discovery of the commission of

the crime

Starts upon the escape or evasion of

service of sentence

Commission of another crime before the

expiration of the period does not interrupt

prescription

Commission of another crime before

the expiration of the period interrupts

the prescription

Absence from the Philippines interrupts Absence from the Philippines interrupts

ONLY WHEN convict goes to a country

with no extradition treaty with the

Philippines

PRESCRIPTION OF THE:


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Can the State still prosecuteB for the death of C despite

the lapse of 25years??

*Jan1990, A, 5yrs old, heard a noise at the master bedroom.

*When he peeped inside, he saw his father, B, strangling his

1yr old sister, C.

*He saw B carry Cs body, placed it in the trunk of his car

and drove away.

*Cs body was never found.

*For fear of his life, A never told anyone about the crime.*The crime of parricide prescribes in 20 years.

*January2015, 25years later, he reported the crime to NBI

authorities.

prescription of crimes and penalties

Documents

prescription of crimegr

prescription ofpenalties

term of prescription

afflictive penalties

correctional penalties

light penalties

crimes punishable

penalties shallcommence