Article 89 of the Revised Penal Code: How criminal liability is totally extinguished
Status: In force
What does Article 89 say?
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman, as provided in article 344 of this Code.
What does it mean in plain language?
Article 89 lists the seven ways criminal liability is totally extinguished: death of the convict, service of the sentence, amnesty, absolute pardon, prescription of the crime, prescription of the penalty, and marriage of the offended woman in the cases of Article 344. When one of these happens, the State can no longer punish the person for that crime. Civil liability follows its own rules.
The full text:
Criminal liability is totally extinguished:
- By the death of the convict, as to the personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
- By service of the sentence.
- By amnesty, which completely extinguishes the penalty and all its effects.
- By absolute pardon.
- By prescription of the crime.
- By prescription of the penalty.
- By the marriage of the offended woman, as provided in article 344 of this Code.
How does it work in real life?
Dodong: death during appeal
Dodong is convicted of theft and appeals. He dies while the appeal is pending. Following Bayotas, the criminal case and the civil liability based only on the theft end. A claim based on another source, for example a contract with the owner, may go on in a separate civil case against his estate.
Elmer: sentence served
Elmer finishes serving his prison term. Under item 2, his criminal liability for that crime is extinguished.
Rosa: a case filed too late
Rosa files a complaint for a crime long after the period in Article 90 has run out. The accused may raise prescription of the crime under item 5.
What does this mean in practice?
- Civil liability is separate. Every person criminally liable for a felony is also civilly liable (Article 100). Whether that liability survives depends on its source, as Bayotas explains.
- See also the question on whether a criminal case ends if the accused dies.
- When do you need a lawyer? Whether a cause in Article 89 applies, and what happens to a claim for damages, depends on the stage of the case. See find legal help.
What are the seven causes?
| No. | Cause | What the text says |
|---|---|---|
| 1 | Death of the convict | Ends personal penalties (such as imprisonment); pecuniary penalties end only if death occurs before final judgment |
| 2 | Service of the sentence | The penalty has been served |
| 3 | Amnesty | Completely extinguishes the penalty and all its effects |
| 4 | Absolute pardon | Listed as a cause, without further words |
| 5 | Prescription of the crime | The time to prosecute has run out |
| 6 | Prescription of the penalty | The time to enforce a penalty already imposed has run out |
| 7 | Marriage of the offended woman | Only "as provided in article 344" |
What happens when the accused dies before final judgment?
Item 1 separates personal penalties (such as imprisonment) from pecuniary penalties (money penalties). Personal penalties end with death. Pecuniary penalties end only if death occurs "before final judgment".
In People v. Bayotas (1994), the accused died while his appeal from a rape conviction was pending. The Supreme Court En Banc set out these rules:
- Death of the accused pending appeal extinguishes his criminal liability and also the civil liability "based solely" on the crime.
- A claim for civil liability survives if it can also rest on another source of obligation listed in Article 1157 of the Civil Code: law, contracts, quasi-contracts or quasi-delicts.
- That surviving claim may be pursued only in a separate civil action, against the executor or administrator or the estate of the accused.
- If the civil action had been filed together with the criminal case, the time limit for it was interrupted while the criminal case was pending, so the offended party does not lose it by prescription.
The appeal was dismissed.
What do the Rules of Court say today?
Rule 111, Section 4 of the Revised Rules of Criminal Procedure states the current rule. Death of the accused "after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict." An independent civil action, or one based on other sources of obligation, may continue against the estate or legal representative of the accused after proper substitution. If the accused dies before arraignment, "the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased."
How do prescription of the crime and of the penalty differ?
- Prescription of the crime (item 5) means the State waited too long to prosecute. The periods depend on the penalty and are in Article 90. See also the prescription of crimes table and prescription of crimes.
- Prescription of the penalty (item 6) concerns a penalty already imposed by final judgment. Its periods, and how they are counted, are in separate articles of the Code.
What about pardon, amnesty and marriage?
Article 89 itself says only that amnesty "completely extinguishes the penalty and all its effects", and lists absolute pardon as a separate cause. Item 7 refers to the marriage of the offended woman "as provided in article 344"; the cases and conditions are in that article, which this page does not explain.
Frequently asked questions
How is criminal liability totally extinguished?
Article 89 lists seven ways: death of the convict (with a special rule for pecuniary penalties), service of the sentence, amnesty, absolute pardon, prescription of the crime, prescription of the penalty, and marriage of the offended woman as provided in Article 344.
Does a criminal case end if the accused dies?
Yes, as to criminal liability. In People v. Bayotas (1994), the Supreme Court held that death of the accused pending appeal extinguishes his criminal liability and the civil liability based solely on the crime. Rule 111, Section 4 of the Rules of Criminal Procedure now gives the same rule for death after arraignment.
Can the victim still claim damages after the accused dies?
Only on another basis. Bayotas held that a civil claim survives if it can also rest on a source of obligation other than the crime, such as law, contract, quasi-contract or quasi-delict. It must be pursued in a separate civil action against the estate or the executor or administrator.
What is the difference between amnesty and absolute pardon?
Both are in Article 89. The article says amnesty completely extinguishes the penalty and all its effects. Absolute pardon is listed as a separate cause.
What is prescription of the crime?
It is the time limit for prosecuting a crime. Once the period in Article 90 runs out, criminal liability is extinguished. Prescription of the penalty is a different period, for penalties already imposed by final judgment.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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