Article 89Act No. 3815, Sec./Art. 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.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

approval of a municipal, city, provincial or regional official

of

a

Human

Rights

Commission

or

judge

of

the

municipal, regional trial court, the Sandiganbayan or a

justice of the Court of Appeals nearest the place of the

arrest. If the arrest is made during Saturdays, Sundays,

holidays or after office hours, the arresting police or law

enforcement

personnel

shall

bring

the

person thus

arrested to the residence of any of the officials mentioned

above that is nearest the place where the accused was

arrested. The approval in writing of any of the said officials

shall

be secured by the police or law enforcement

personnel concerned within five days after the date of the

detention of the persons concerned: Provided, however ,

That within three days after the detention the suspects,

whose connection with the terror attack or threat is not

established, shall be released immediately.

SEC. 20. Penalty for Failure to Deliver Suspect to the

Proper Judicial Authority within Three Days . - The

penalty of ten (10) years and one day to twelve (12) years of

imprisonment shall be imposed upon any police or law

enforcement

personnel

who

has

apprehended

or

arrested, detained and taken custody of a person charged

with or suspected of the crime of terrorism or conspiracy

to commit terrorism and fails to deliver such charged or

suspected person to the proper judicial authority within

the period of three days.

SEC. 21. Rights of a Person under Custodial Detention . -

The moment a person charged with or suspected of the

crime of terrorism or the crime of conspiracy to commit

terrorism is apprehended or arrested and detained, he

shall forthwith be informed, by the arresting police or law

enforcement officers or by the police or law enforcement

officers

to

whose

custody

the

person concerned is

brought, of his or her right: (a) to be informed of the

nature and cause of his arrest, to remain silent and to

have competent and independent counsel preferably of

his choice. If the person cannot afford the services of

counsel

of

his

or

her

choice,

the

police

or

law

enforcement

officers

concerned

shall

immediately

contact the free legal assistance unit of the Integrated

Bar of the Philippines (IBP) or the Public Attorney's Office

(PAO). It shall be the duty of the free legal assistance unit

of the IBP or the PAO thus contacted to immediately visit

the person(s) detained and provide him or her with legal

assistance. These rights cannot be waived except in

writing and in the presence of the counsel of choice; (b)

informed of the cause or causes of his detention in the

presence of his legal counsel; (c) allowed to communicate

freely with his legal counsel and to confer with them at

any time without restriction; (d) allowed to communicate

freely

and

privately

without

restrictions

with

the

members of his family or with his nearest relatives and to

be visited by them; and, (e) allowed freely to avail of the

service of a physician or physicians of choice.

SEC. 22. Penalty for Violation of the Rights of a

Detainee . - Any police or law enforcement personnel, or

any personnel of the police or other law enforcement

custodial unit that violates any of the aforesaid rights of a

person

charged

with

or suspected of the crime of

terrorism or the crime of conspiracy to commit terrorism

shall be guilty of an offense and shall suffer the penalty of

ten

(10)

years

and

one day to twelve (12) years of

imprisonment.

Unless the police or law enforcement personnel who

violated the rights of a detainee or detainees as stated

above

is duly identified, the same penalty shall be

imposed on the police officer or hear or leader of the law

enforcement unit having custody of the detainee at the

time the violation was done.

SEC. 23. Requirement for an Official Custodial Logbook

and its Contents . - The police or other law enforcement

custodial unit in whose care and control the person

charged with or suspected of the crime of terrorism or

the crime of conspiracy to commit terrorism has been

placed under custodial arrest and detention shall keep a

securely and orderly maintained official logbook, which is

hereby declared as a public document and opened to

and made available for .the inspection and scrutiny of the

lawyer or lawyers of the person under custody or any

member of his or her family or relative by consanguinity

or affinity within the fourth civil degree or his or her

physician at any time of the day or night without any

form of restriction. The logbook shall contain a clear and

concise record of: (a) the name, description, and address

of the detained person; (b) the date and exact time of his

initial admission for custodial arrest and detention; (c) the

name and address of the physician or physicians who

examined him physically and medically; (d) the state of

his health and physical condition at the time of his initial

admission for custodial detention; (e) the date and time

of each removal of the detained person from his cell for

interrogation or for any purpose; (f) the date and time of

his return to his cell; (g) the name and address of the

physician or physicians who physically and medically

examined him after each interrogation; (h) a summary of

the physical and medical findings on the detained person

after each of such interrogation; (i) the names and

addresses of his family members and nearest relatives, if

any and if available; (j) the names and addresses of

persons, who visit the detained person; (k) the date and

time of each of such visits; (1) the date and time of each

request of the detained person to communicate and

confer with his legal counsel or counsels; (m) the date

and time of each visit, and date and time of each

departure of his legal counsel or counsels; and, (n) all

other important events bearing on and all relevant details

regarding the treatment of the detained person while

under custodial arrest and detention.

The said police or law enforcement custodial unit shall

upon demand of the aforementioned lawyer or lawyers or

members of the family or relatives within the fourth civil

degree of consanguinity or affinity of the person under

custody or his or her physician issue a certified true copy

of the entries of the logbook relative to the concerned

detained person without delay or restriction or requiring

any fees whatsoever including documentary stamp tax,

notarial fees, and the like. This certified true copy may be

attested by the person who has custody of the logbook or

who allowed the party concerned to scrutinize it at the

time the demand for the certified true copy is made.

The police or other law enforcement custodial unit who

fails to comply with the preceding paragraph to keep an

official logbook shall suffer the penalty of ten (10) years

and one day to twelve (12) years of imprisonment.

SEC. 24. No Torture or Coercion in Investigation and

Interrogation . - No threat, intimidation, or coercion, and

no act which will inflict any form of physical pain or

torment, or mental, moral, or psychological pressure, on

the detained person, which shall vitiate his freewill, shall

be employed in his investigation and interrogation for the

crime of terrorism or the crime of conspiracy to commit

terrorism; otherwise, the evidence obtained from said

detained person resulting from such threat, intimidation,

or

coercion, or from such inflicted physical pain or

torment, or mental, moral, or psychological pressure, shall

be, in its entirety, absolutely not admissible and usable as

evidence

in

any

judicial, quasi-judicial, legislative, or

administrative

investigation,

inquiry,

proceeding,

or

hearing.

SEC. 25. Penalty for Threat, Intimidation, Coercion, or

Torture in the Investigation and Interrogation of a

Detained Person . - Any person or persons who use

threat, intimidation, or coercion, or who inflict physical

pain

or

torment, or mental, moral, or psychological

pressure, which shall vitiate the free-will of a charged or

suspected person under investigation and interrogation

for the crime of terrorism or the crime of conspiracy to

commit terrorism shall be guilty of an offense and shall

suffer the penalty of twelve (12) years and one day to

twenty (20) years of imprisonment.

When death or serious permanent disability of said

detained person occurs as a consequence of the use of

such

threat,

intimidation,

or

coercion,

or

as

a

consequence of the infliction on him of such physical

© Compiled By RGL

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