Short answer. Under Article 94 of the Revised Penal Code, criminal liability is partially extinguished by: (1) conditional pardon, (2) commutation of the sentence, and (3) good-conduct allowances earned during sentence. The good-conduct component has been significantly updated by Republic Act No. 10592 — do not rely on the original day counts.
What the law says
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.
Revised Penal Code, Article 94 — Partial Extinction Of Liability. Read the full provision →
Partial extinction versus total extinction
Article 94 of the Revised Penal Code addresses partial extinction of criminal liability — situations where the liability does not end completely but is reduced or its effects are limited in some way. This contrasts with total extinction of criminal liability, which fully ends the State's right to prosecute or punish. Partial extinction does not erase the fact of the conviction or the crime; it mitigates the remaining punishment. The three mechanisms Article 94 lists — conditional pardon, commutation, and good-conduct allowances — each operate differently and carry different legal effects.
Conditional pardon
Conditional pardon is an executive act that releases a convict from prison before the full sentence has been served, subject to conditions. The conditions typically include good behavior, remaining within a specified area, and avoiding further criminal offenses. A conditional pardon does not wipe out the conviction; if the conditions are violated, the convict may be returned to prison to serve the unexpired portion of the sentence. The power to grant conditional pardon belongs to the President, acting through the process established for executive clemency.
Commutation of sentence
Commutation is a reduction of the penalty imposed by the court — the remaining punishment is replaced with a lesser one. A commutation does not result in immediate release in all cases; it changes the nature or severity of what remains to be served. Like conditional pardon, commutation is an executive clemency measure. The convict continues to carry the conviction on record; the crime and the original penalty are not erased. What changes is the quantum of punishment the person must actually serve.
Good-conduct allowances under RA 10592
The third mechanism — good conduct allowances — reduces the sentence a convict must serve based on behavior while imprisoned. Republic Act No. 10592, enacted in 2013, substantially rewrote the allowance system. The current law extends credits to detention prisoners (not just convicted persons serving sentence), adds an allowance for study, teaching, and mentoring activities, and revises the day-count formula. The original text of Article 94 reflected the 1930 allowance structure, which RA 10592 replaced. Anyone computing release eligibility must use the RA 10592 figures, not those in the original article.