Extinction of Criminal Liability

Category: Book 1- General Provisions

EXTINCTION OF CRIMINAL LIABILITY

Criminal liability my be extinguished either totally or partially.

Total Extinction

1. Death
2. Prescription of the crime
3. Prescription of the penalty
4. Service of sentence
5. Marriage of the offender with the offended party in Proper Cases

Partial Extinction

1. Probation



Under Section 40(a) of the Local Government Code, those sentenced by final judgment for an offense punishable by more than one (1) year or more of imprisonment are disqualified from running for any elective position within two (2) years after service of sentence. Does this apply to an accused who was granted probation and thereafter discharged?



a). The grant of probation is a suspension of the imposition of sentence as well as the accessory penalties of “serving” from public office. Hence during the period of probation, the probationer is not even disqualified from running for a public office because the accessory penalty is put on hold for the duration of the probation

b). The period of probation cannot be equated with service of sentence” as the probationer does not serve the penalty but is merely required to comply with all the conditions prescribed in the probation Order

c) Those who have not serve their sentence by reason of the grant of probation which should not be equated with the service of sentence and should not likewise be disqualified from running for a local office because the 2 year period of ineligibility under section 40(a) of the Local Government Code does not even run

d) When the probationer is discharged his case was deemed terminated all civil rights lost or suspended as a result of conviction were restored to him including the right to run for a public office (Moreno vs. COMELEC 498 SCRA 457).