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  • TITLE IV Extinction of Criminal Liability

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    Emmanuel Maboloc
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    Criminal liability can be totally extinguished in several ways: by the death of the convict, by service of the sentence, by amnesty, by absolute pardon, by prescription of the crime or penalty, or by the marriage of the offended woman. Causes of extinction arise after the offense, while causes of justification or exemption arise before or during the offense. A motion to quash can be filed if criminal liability is extinguished. The death of the accused pending appeal extinguishes criminal but not civil liability, unless the civil liability has another basis such as contract.

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    TITLE IV Extinction of Criminal liability

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    Criminal liability can be totally extinguished in several ways: by the death of the convict, by service of the sentence, by amnesty, by absolute pardon, by prescription of the crime or penalty, or by the marriage of the offended woman. Causes of extinction arise after the offense, while causes of justification or exemption arise before or during the offense. A motion to quash can be filed if criminal liability is extinguished. The death of the accused pending appeal extinguishes criminal but not civil liability, unless the civil liability has another basis such as contract.

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    98 views2 pages

    TITLE IV Extinction of Criminal Liability

    Uploaded by

    Emmanuel Maboloc
    Criminal liability can be totally extinguished in several ways: by the death of the convict, by service of the sentence, by amnesty, by absolute pardon, by prescription of the crime or penalty, or by the marriage of the offended woman. Causes of extinction arise after the offense, while causes of justification or exemption arise before or during the offense. A motion to quash can be filed if criminal liability is extinguished. The death of the accused pending appeal extinguishes criminal but not civil liability, unless the civil liability has another basis such as contract.

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    TITLE IV

    EXTINCTION OF CRIMINAL LIABILITY

    How is criminal liability totally extinguished?

    Article 89. Criminal liability is totally extinguished:

    1. By death of the convict whether before or after final judgment.


    a. However pecuniary penalties, and liability 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.

    *when criminal liability is extinguished it does not mean that civil liability is extinguished as well. As the latter is disposed
    only upon the discretion of the private offended party.

    What is the difference between causes of extinction of criminal liability vs. causes of justification or exemption?

    - Causes of extinction of criminal liability arise after the commission of the offense, while the causes of
    justification or exemption from criminal liability arise from circumstances existing either before the commission
    of the crime or at the moment of its commission.

    When will “motion to quash” arises?

    Under sec. 3(g) of Rule 117 of the revised rules of criminal procedure, one of the grounds for motion to quash is that the
    criminal liability is extinguished. It constitutes a bar to another prosecution of the same offense.

    What is the definition of final Judgment?

    Section 7, rule 16 of the rules of court likewise states that a judgment in a criminal case becomes final after the lapse of
    the period for perfecting an appeal or when the sentence has been partially or totally satisfied or served, or the
    defendant has expressly waived in writing his right to appeal.

    What is the effect of the death of the accused pending appeal on his criminal and civil liability?

    General rule:

    Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based
    solely on the offense committed.

    What is the exception to this general rule?

    The claim for civil liability survives regardless the death of the accused, if the said liability may also be predicated on a
    source of obligation other than a violation of law. I.e. contracts, quasi-contracts, quasi-delicts, or civil liabilities based on
    law.

    When where action for recovery of damages must be filed, when civil liability survives?

    Section 1, rule 111 of the revised rules of criminal procedure, may file a civil action, this time predicated not on the
    felony previously charged but on the other sources of obligation.

    The source of obligation upon which the separate civil action is premised determines against whom the said source of
    obligation is enforced thus:
    1. If the same act or omission complained of also arises from quasi-delict or may, by provision of law, result in an
    injury to person or property, the separate civil action must be filed against the executor or administrator of the
    estate of the accused pursuant to Sec. 1, rule 87 of the Rules of Court.

    2. If the same act or omission complained of also arises from contract, the separate civil action must be filed
    against the estate of the accused, pursuant to sec. 5, Rule 86 of the rules of court.

    Will the death of the offended party extinguish criminal liability of the offender?

    The death of the offended party does not extinguish the criminal liability of the offender, because the offense is
    committed against the State.

    Why service of sentence extinguish criminal liability?

    Crime is a debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his
    debt. Hence when payment is made, the debt is extinguished.

    Why amnesty extinguish criminal liability? (Will of the sovereign)

    It is an act of the sovereign power granting oblivion or general pardon for a past offense, and is rarely, if ever exercised
    in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but
    have not yet been convicted. However civil liability is not extinguished by amnesty.

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