● Art. 89. How Criminal Liability is Totally Extinguished. — Criminal liability is totally extinguished:
 x x x
5. By prescription of the penalty. (Art. 89, RPC)
●Art. 92. When and How Penalties Prescribe. — The penalties imposed by final sentence prescribe as follows:

 1. Death and reclusión 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. (Art. 92, RPC)
● Art. 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. (Art. 93, RPC)

 What is prescription of penalty?

It is the loss or forfeiture of the right of the State to execute the final sentence after the lapse of a certain period of time fixed by law.

Prescription will not run if the sentence is not yet final. It does not also start to run where despite his final conviction, the accused is not arrested to serve his sentence.


When do penalties prescribe?

PRESCRIPTIVE PERIOD OF PENALTIES
   Death and reclusion perpetua 20 years
   Other afflictive penalties 15 years
   Correctional penalties 10 years
         Except: arresto mayor 5 years
   Light penalties 1 year

What are the elements in order that the penalty imposed has prescribed?

The elements of prescription are:

1. That the penalty is imposed by final judgment;

2. That convict evaded the service of the sentence by escaping during the term of his sentence;

3. That the convict who had escaped from prison has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime;

4. The penalty has prescribed, because of the lapse of time from the date of the evasion of the service of the sentence by the convict. (Pangan vs. Judge Gatbalite, G.R. No. 141718. January 21, 2005) 


When does prescription of penalty begin to run?

Prescription of penalty begins to run from the date the culprit evades the service of his sentence. (Art. 93, RPC)  
When is the period of prescription of penalty interrupted?

It is interrupted:

1.  If the convict surrenders;
2.  If he is captured;
3.  If he goes to a foreign country with which the Philippines has no extradition treaty;
4.  If he commits another crime before the expiration of the period of prescription. (Art. 93, RPC) 


What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty?

It would interrupt the running of the prescriptive period.


Problem:

Q. In 1990, A was convicted of homicide and was sentenced to suffer reclusion temporal. After serving 6 months in prison, he escaped. He was arrested in 2012. Can he be made to suffer the penalty imposed upon him?

A. No, because the penalty has prescribed. The prescriptive period of reclusion temporal, being an afflictive penalty, is 15 years. When A was arrested, more than 15 years have elapsed. The State, therefore, has lost its right to execute the penalty.


Del Castillo vs. Torrecampo

Article 93 of the Revised Penal Code provides when the prescription of penalties shall commence to run. Under said provision, it shall commence to run from the date the felon evades the service of his sentence. Pursuant to Article 157 of the same Code, evasion of service of sentence can be committed only by those who have been convicted by final judgment by escaping during the term of his sentence. "Escape" in legal parlance and for purposes of Articles 93 and 157 of the RPC means unlawful departure of prisoner from the limits of his custody. Clearly, one who has not been committed to prison cannot be said to have escaped therefrom. (Del Castillo vs. Torrecampo, G.R. No. 139033, December 18, 2002)

Read: Del Castillo vs. Torrecampo Case Digest