Prescription of Crimes and Penalties
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Transcript of 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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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
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Prescription of Offenses
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.