TITLE IV Extinction of Criminal Liability
TITLE IV Extinction of Criminal Liability
*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.
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.
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.
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.
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.
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.