31/07/2019
Act No. 3815
The term of prescription shall not run when the offender is absent from the Philippine Archipelago.
Article 92. When and how penalties prescribe. 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.
Article 93. Computation of the prescription of penalties. 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.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Article 94. Partial Extinction of criminal liability. Criminal liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the culprit may earn while he is serving his sentence.
Article 95. Obligation incurred by person granted conditional pardon. Any person who has been granted
conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his
noncompliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of
Article 159 shall be applied to him.
Article 96. Effect of commutation of sentence. The commutation of the original sentence for another of a different
length and nature shall have the legal effect of substituting the latter in the place of the former.
Article 97. Allowance for good conduct. The good conduct of any prisoner in any penal institution shall entitle him
to the following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month
of good behavior;
2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight
days for each month of good behavior;
3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a
deduction of ten days for each month of good behavior; and
4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen
days for each month of good behaviour.
Article 98. Special time allowance for loyalty. A deduction of onefifth of the period of his sentence shall be granted
to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in Article 58 of
this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing
the passing away of the calamity or catastrophe to in said article.
Article 99. Who grants time allowances. Whenever lawfully justified, the Director of Prisons shall grant allowances
for good conduct. Such allowances once granted shall not be revoked.
Title Five
CIVIL LIABILITY
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Article 100. Civil liability of a person guilty of felony. Every person criminally liable for a felony is also civilly liable.
Article 101. Rules regarding civil liability in certain cases. The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption
from civil liability, which shall be enforced subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control,
or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting
property exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit which they may have received.
The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches
to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have
been caused with the consent of the authorities or their agents, indemnification shall be made in the manner
prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears shall
be primarily liable and secondarily, or, if there be no such persons, those doing the act shall be liable, saving always
to the latter that part of their property exempt from execution.
Article 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. In default of
the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable
for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general
or special police regulation shall have been committed by them or their employees.
https://lawphil.net/statutes/acts/act_3815_1930.html
13/42
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