Criminal liability extinguished by death of alleged offender

Dear PAO,

I would like to seek advice for my best friend. According to him, when he was about 11 years old, that
was sometime in 2005, his uncle would touch his private parts. There was never an intercourse between
them, but what his uncle did to him made him very uncomfortable and scared that he never opened up
about it until recently when we went on an immersion trip. His family still has no idea about it as he only
opened it up to me and our other friend. Can he pursue a criminal complaint against his uncle even if
the latter has already passed away? Please advise me.

Colin

Dear Colin,

A person who violates the provisions of our criminal laws may be held criminally liable. In fact, our
Revised Penal Code (RPC) states that criminal responsibility may attach to a person committing a felony
even if the wrongful act is different from what he intended, or to a person who commits an impossible
crime. To be sure, Article 4 of the RPC explicitly provides:

“Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done may be different from that
which he
intended.

2. By any person performing an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means.”

An offender, however, may only be made to answer for criminal responsibility during his lifetime. Should
the offender pass away prior to the institution of a criminal complaint or even prior to final judgment,
for those criminal cases already instituted, his criminal liability is totally extinguished. This is in
consonance with Article 89 of the RPC which, in part, states:

“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. x x x”

Our Supreme Court elucidated that an accused who elevated his criminal case and who passed away
while the same is pending appeal is discharged of criminal liability because of his death:
“Under prevailing law and jurisprudence, accused-appellant’s death prior to his final conviction by the
court renders dismissible the criminal case against him. Article 89 (1) of the Revised Penal Code provides
that criminal liability is totally extinguished by the death of the accused, x x x

In People v. Layag, the court thoroughly explained the effects of the death of an accused pending appeal
on his liabilities, as follows:

From this lengthy disquisition, we summarize our ruling herein:

1. Death of the accused pending appeal of his conviction extinguishes his criminal liability [,] as well as
the civil liability [,] based solely thereon. As opined by Justice Regalado, in this regard, “the death of the
accused prior to final judgment terminates his criminal liability and only the civil liability directly arising
from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore.” x x x”
(People vs. Culas,G.R. No. 211166, June 5, 2017; ponente, Associate Justice Estela Perlas-Bernabe)

With all the more reason that a person who is yet to be complained of for a crime and who passes away
is discharged of criminal liability on account of his demise. Accordingly, we regretfully submit that your
friend may no longer be able to pursue a criminal complaint against his uncle given the fact that the
latter alleged offender, as mentioned in your letter, has already passed away.