PRESCRIPTION of CRIMES and PENALTIES
ARTICLES 90-93
Prescription of Crimes. Art. 90 • 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).
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 the offender is absent from the Philippine Archipelago
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, which prescribes in five years; 4. Light penalties, in one year.
Computation of the prescription of penalties. Art. 93 • 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.
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
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 government learns of the commission of the crime.
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
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 when the offender is absent from the Philippine archipelago
Prescription of Offenses 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
Prescription of Offenses Recommence: when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused.
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 rendered
b.If FT is in favor of the defendant: from the date the testimony was given
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, prescriptive period commences from the date of discovery
Crime or Penalty
Period of Prescription of:
(crime) Crimes punishable by Death, RP or RT 20 years Other afflictive penalties 15 years Correctional penalties 10 years Arresto Mayor 5 years Libel and other similar offenses 1 year Oral Defamation or Slander by Deed (Grave) 6 months Light Offenses 2 months Simple slander 2 months
(penalty) 20 years 15 years 10 years 5 years
1 year
Special Laws Prescriptive periods under special laws and municipal ordinances 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 Commission 2 months
Fines
Crimes punishable by fines Fine is afflictive 15 years Fine is correctional10 years Fine is light 2 years
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
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
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 the lapse of time from the date of the evasion of service of the sentence by the convict.
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. b. c. d.
gives himself up has been captured Commits another crime BEFORE the expiration of the period of prescription 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
PRESCRIPTION OF THE: CRIME Forfeiture or loss of the right of the State to prosecute
PENALTY 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 Starts upon the escape or evasion of the crime service of sentence Commission of another crime before the Commission of another crime before expiration of the period does not interrupt the expiration of the period interrupts prescription 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
*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 C’s body, placed it in the trunk of his car and drove away. *C’s 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.
Can the State still prosecute B for the death of C despite the lapse of 25years??
