31/07/2019
Act No. 3815
in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National
Government. Chartered cities shall pay twothirds of said expenses; and in case a chartered city cannot pay said
expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement
of said indebtedness in accordance with section five hundred and eightyeight of the Administrative Code.
Section Two. Execution of principal penalties.
Article 81. When and how the death penalty is to be executed. The death sentence shall be executed with
reference to any other and shall consist in putting the person under sentence to death by electrocution. The death
sentence shall be executed under the authority of the Director of Prisons, endeavoring so far as possible to mitigate
the sufferings of the person under sentence during electrocution as well as during the proceedings prior to the
execution.
If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.
Article 82. Notification and execution of the sentence and assistance to the culprit. The court shall designate a
working day for the execution but not the hour thereof; and such designation shall not be communicated to the
offender before sunrise of said day, and the execution shall not take place until after the expiration of at least eight
hours following the notification, but before sunset. During the interval between the notification and the execution, the
culprit shall, in so far as possible, be furnished such assistance as he may request in order to be attended in his last
moments by priests or ministers of the religion he professes and to consult lawyers, as well as in order to make a
will and confer with members of his family or persons in charge of the management of his business, of the
administration of his property, or of the care of his descendants.
Article 83. Suspension of the execution of the death sentence. The death sentence shall not be inflicted upon a
woman within the three years next following the date of the sentence or while she is pregnant, nor upon any person
over seventy years of age. In this last case, the death sentence shall be commuted to the penalty of reclusion
perpetua with the accessory penalties provided in Article 40.
Article 84. Place of execution and persons who may witness the same. The execution shall take place in the
penitentiary of Bilibid in a space closed to the public view and shall be witnessed only by the priests assisting the
offender and by his lawyers, and by his relatives, not exceeding six, if he so request, by the physician and the
necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize.
Article 85. Provisions relative to the corpse of the person executed and its burial. Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over
to the institute of learning or scientific research first applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons
shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to
the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a
person sentenced to death be held with pomp.
Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. The
penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be
executed and served in the places and penal establishments provided by the Administrative Code in force or which
may be provided by law in the future.
Article 87. Destierro. Any person sentenced to destierro shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less
than 25 kilometers from the place designated.
Article 88. Arresto menor. The penalty of arresto menor shall be served in the municipal jail, or in the house of the
defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking
into consideration the health of the offender and other reasons which may seem satisfactory to it.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
Article 89. How criminal liability is totally extinguished. 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.
Article 90. Prescription of crime. 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).
Article 91. Computation of prescription of offenses. 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.
https://lawphil.net/statutes/acts/act_3815_1930.html
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