EXTINCTION OF CRIMINAL LIABILITY

Two types of extinction of criminal liability

1. Total extinction of criminal liability
2. Partial extinction of criminal liability
Article 89: How criminal liability is totally extinguished.
A. Causes of total extinction
1. Death of convict, as to the personal penalties; civil
liability too if death occurs before final judgment
2. By service of the sentence
3. By amnesty, which completely extinguishes the penalty
and all its effects
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of offended woman
8. Express repeal of penal law (act decriminalized)

B. Causes of partial extinction

1. Conditional pardon
2. Commutation of sentence
3. Good conduct allowance
4. Parole under ISLAW
5. Probation under PD 968
6. Implied repeal or amendment of penal law lowering the
penalty

Note
 Death of the accused or convict( before or after finality
of the judgment) always extinguishes criminal
liability;
 Pecuniary penalties are extinguished only when the
death of the accused occurs before final judgment;
 Article 89 of the Revised Penal Code refers
to pecuniary penalties and not to civil
liabilities. Nevertheless, two of the civil
liabilities, namely reparation for damage
caused and indemnification for consequential
damages, are also considered as pecuniary
penalties.

What are the pecuniary penalties?

1. The reparation of the damage caused

2. Indemnification of consequential damages
3. The fine
4. The costs of the proceedings

What are the civil liabilities?

Restitution
Reparation of the damage caused
Indemnification for consequential damages
 Civil liabilities distinguished from pecuniary penalties

Both include (a) reparation of the damage caused and

(b) indemnification for consequential damages

While civil liabilities include restitution, pecuniary

liabilities do not include restitution as it involves payment
of money only

Pecuniary liabilities include (a) fine and (b) the costs of

the proceedings. Civil liabilities do not include them.

Note

The rule is that the death of the accused pending appeal

extinguishes both criminal and civil liabilities arising from
crime.

Upon death of the accused pending appeal of his

conviction, the criminal action is extinguished inasmuch as
there is no longer a defendant to stand as the accused;
the civil action instituted therein for recovery of civil
liability ex delicto is ipso facto extinguished, grounded
as it is on the criminal. [People v. Bayotas, 236 SCRA
239 (1994)]

Death of the accused pending appeal of his conviction

extinguishes his criminal liability as well as the civil
liability based solely thereon.

 "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."

 the claim for civil liability survives

notwithstanding the death of accused, if the same
may also be predicated on a source of obligation
other than delict. Article 1157 of the Civil Code
enumerates these other sources of obligation from
which the civil liability may arise as a result of the
same act or omission: (a) law; (b) contracts; (c)
quasi- contracts; and (d) quasi-delicts. [People v.
Bayotas, 236 SCRA 239 (1994)]

Final judgment

The term final judgment employed in the Revised Penal

Code means judgment beyond recall. [People v. Bayotas,
236 SCRA 239 (1994)]

Except where the death penalty is imposed, a judgment

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 when the
accused has waived in writing his right to appeal, or has
applied for probation.
Guidelines in People v. Bayotas

 Death of the accused pending appeal (or before the

judgment becomes final and executory) of his conviction
extinguishes his criminal liability as well as the civil
liability based solely thereon.
 Corollarily, the claim for civil liability survives
notwithstanding the death of accused, if the same may
also be predicated on a source of obligation other than
delict, e.g., (a) Law, (b) Contracts, (c) Quasi-contracts, or
(d) Quasi- delicts.
 Where the civil liability survives, an action for recovery
therefor may be pursued but only by way of filing a
separate civil action.
 Finally, the private offended party need not fear a
forfeiture of his right to file this separate civil action by
prescription, in cases where during the prosecution of
the criminal action and prior to its extinction, the private-
offended party instituted together therewith the civil
action. In such case, the statute of limitations on the civil
liability is deemed interrupted during the pendency of
the criminal case.

People v. Dela Cruz, G.R. No. 190610, 25 April 2012

Saturnino Dela Cruz and Jose Brillantes were charged and
convicted by the RTC of violation of Sections 5 and 11 of
Republic Act No. 9165. The Court of Appeals affirmed the
ruling. Brillantes filed an appeal before the Supreme
Extinction ofCourt;
CriminalDela Cruz did not appeal anymore. On appeal,
Liability
Brillantes died.

The Supreme Court held that it is plain that both the

personal penalty of imprisonment and pecuniary penalty
of fine of Brillantes were extinguished upon his death
pending appeal of his conviction by the lower courts. In
doing so, the Supreme Court reiterated the guidelines
in People v. Bayotas. Furthermore, the Supreme Court
observed that there is no civil liability involved in violations
of the Comprehensive Dangerous Drugs Act of 2002. No
private offended party is involved as there is in fact no
reference to civil liability in the decision of the trial court.
The appeal of Brillantes culminating in the
extinguishment of his criminal liability does not have
any effect on his co-accused De la Cruz who did not file a
notice of appeal. The extinguishment of Brillantes’
criminal and pecuniary liabilities is predicated on his death
and not on his acquittal.

Service of sentence

Service of the sentence extinguishes the criminal

liability, but not the civil liability.

When and how a penalty is to be executed

 No penalty shall be executed except by virtue of a final
judgment.

A penalty shall not be executed in any other form than

that prescribed by law, nor with any other circumstances
or incidents than those expressly authorized thereby.

What should be included in computing service of

sentence of imprisonment?

 Actual time served inside the prison facility

 Credit for preventive imprisonment [REV. PEN. CODE, art. 29]
 Good conduct time allowances [REV. PEN. CODE, art. 97]
 Other time allowances, e.g. TASTM and STAL [REV. PEN.
CODE, art. 97 and 98]

Successive service of sentences

 When the culprit has to serve two or more penalties, he/she

should serve it simultaneously if the nature of the penalties will
so permit, otherwise he/she shall serve it successively on the
basis of the severity of the penalties. [REV. PEN. CODE, art. 70]
 It will be subject to the three-fold rule. [REV. PEN. CODE, art.
70]
 In no case should the maximum period be more than forty
(40) years. [REV. PEN. CODE, art. 70]

Executive power to grant amnesty, pardon and reprieves
Extinction of Criminal Liability
Except in cases of impeachment, or as otherwise
provided in the Constitution, the President may
grant reprieves, commutations and pardons, and
remit fines and forfeitures, after conviction by final
judgment.

He shall also have the power to grant amnesty

with the concurrence of a majority of all the
Members of the Congress. [CONST., art. VII,
sec. 19]

President’s power to grant executive clemency is plenary subject to

Constitutional limitations

Except in cases of impeachment [CONST., art. VII, sec. 19 and Risos-

Vidal v. COMELEC, G.R. No. 206666, 21 June 2015]

In cases involving of election laws, rules and regulations without the

favorable recommendation of the Commission on Elections [CONST.,
art. IX, sec. 5(c) and Risos-Vidal v. COMELEC, G.R. No. 206666,
21 June 2015]

It may be granted only after conviction by final judgment [CONST., art.

VII, sec. 19

Grant of amnesty
 The President has the power to grant
amnesty with the concurrence of a
majority of all the Members of the
Congress. [CONST., art. VII, sec. 19]

Amnesty

Amnesty is an act of the sovereign power

granting oblivion or a 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.

Amnesty commonly denotes a general

pardon to rebels for their treason or other
high political offenses, or the forgiveness which
one sovereign grants to the subjects of
another, who have offended, by some
breach, the law of nations. [Llamas v.
Orbos, 202 SCRA 844, 867 (1991), as
Extinction of Criminal Liability
reiterated in People of the Philippines v.
Patriarca, et.al., G.R. No. 135457, 29
September 2000]

Effects of Amnesty

Pursuant to Article 89 of the Revised Penal

Code, amnesty completely extinguishes the
penalty and all its effects.

Amnesty looks backward, and abolishes

and puts into oblivion, the offense itself; it
so overlooks and obliterates the offense
with which he is charged, that the person
released by amnesty stands before the law
precisely as though he had committed no
offense. [Barrioquinto, et al., vs. Fernandez, et
al., 82 Phil. 642 (1949), as reiterated in
People of the Philippines v. Jose Patriarca,
et.al., G.R. No. 135457, 29 September
2000]

While amnesty wipes out all traces and

vestiges of the crime, it does not extinguish
the civil liability of the offender. [United
States v. Madlangbayan, 2 Phil. 426, 428-
429]
 This Proclamation revoked the amnesty
granted to Antonio Trillanes IV because he
did not allegedly file an application for
amnesty and refused to admit to his guilt
which was required in the case of People v.
Vera

What is Absolute pardon and the effects thereof?

Effect of pardon by the offended party

A pardon by the offended party does not

extinguish criminal action except as
provided in Article 344 of the RPC; but
civil liability with regard to the interest of
the injured party is extinguished by his
express waiver. [REV. PEN. CODE, art. 23]

Article 344, RPC

ART. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts of
lasciviousness. – The crimes of adultery and concubinage shall not
be prosecuted except upon a complaint filed by the offended
Extinction of Criminal Liability
spouse.

The offended party cannot institute criminal prosecution

without including both the guilty parties, if they are both alive,
nor, in any case, if he shall have consented or pardoned the
offenders.

The offense of seduction, abduction, rape or acts of

lasciviousness shall not be prosecuted except upon a complaint
filed by the offended party or her parents, grandparents, or
guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness

and rape, the marriage of the offender with the offended party
shall extinguish the criminal action or remit the penalty
already imposed upon him. The provisions of this paragraph
shall also be applicable to the co- principals, accomplices and
accessories after the fact of the abovementioned crimes.

Pardon under Article 344 of the RPC must be made before

institution of criminal action

The pardon afforded the offenders must come before the

institution of the criminal prosecution. [People v. Infante,
57 Phil. 138]
 The only act that, according to Article 344, extinguishes the
penal action after the institution of the criminal action, is
the marriage between the offender and the offended
party

Article 266-C, Revised Penal Code

Article 266-C. Effect of Pardon. - The subsequent valid

marriage between the offended party shall extinguish the
criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the

subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: Provided, That the
crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.

Article 36: Pardon – what are its effects.

Extinction of Criminal Liability
Art 36. Pardon; its effects. – A pardon shall not work at the
restoration of the right to hold public office, or the right of
suffrage, unless such right be expressly restored by the terms of
the pardon. A pardon shall in no case exempt the culprit from the
payment of the civil indemnity imposed upon him by the sentence.
Effect on convict: relieves the offender of penalty but the effects
of conviction stay.

Article 23: Effect of pardon by the offended party

What are the causes of total extinction of criminal liability. (art

89)

What is the effect of the death of the offender on his criminal and
civil liabilities.

-The death of the convict, whether before or after final judgment,

extinguishes criminal liability, because one of the juridical conditions of
penalty is that it is personal.

-Extinction of criminal liability does not necessarily mean that the

civil liability is also extinguished. Civil liability is extinguished only when
the death occurs before final judgment and only those based solely on
the offense committed.
 GR: 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.

XCN: The claim for civil liability survives notwithstanding the death
of the accused, if the same may also be predicated on a source of
obligation other than delict such as law, contracts, quasi-contracts and
quasi-delicts.

What are the effects of pardon by the offended party.

As a general rule, pardon by the offended party doesn’t

extinguish criminal liability

-Only civil liability is extinguished by express waiver of

the offended party—THERE IS NO EXTINCTION OF
CRIMINAL LIABILITY SINCE IN CRIMES, THERE ARE
TWO OFFENDED PARTIES

-However, pardon granted before the institution of the

criminal
Extinction of Criminal Liability proceedings in cases of adultery,
concubinage, seduction, abduction, and acts of
lasciviousness shall extinguish criminal liability.

-Art 344, par. 4 states that: “ in cases of seduction,

abduction, acts of lasciviousness, and rape, the marriage of
the offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed upon
him. The provisions of this paragraph shall also be applicable
to the co-principals, accomplices, and accessories after the
fact of the above-mentioned crimes.
-Art 266-C –
Effect of pardon. -the subsequent valid marriage between the offender
and the offended party shall extinguish the criminal action or the penalty
imposed. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party shall
extinguish the criminal action or the penalty: provided, that the crime
shall not be extinguished or the penalty shall not be abated if the
marriage be void ab initio. (RA 8353, Anti-Rape Law of 1997)

Remember that in a criminal case, there are two offended parties:

the private individual and the State. The pardon given by the offended
party would relate only to the civil liability and not the criminal aspect. 

Distinguish pardon by the offended party from pardon by the

president.

Pardon by offended party Pardon by the Chief

 executive
1. Does not extinguish criminal 1. Extinguishes criminal liability
liability except in art 266-C
2. Must be granted before 2. Granted after final conviction
institution of the action
because when the case is
finally filed in court, the State
is regarded as the primary
offended party and the private
offended party is relegated to
the role of a complaining
witness. Hence the prosecution
of the case becomes the
prerogative of the State.
XPN: Under the Anti rape law,
it appears that the pardon may
now be at any time because

the law stated pending action

shall be dismissed.
3. May expressly waive the civil 3. Cannot extinguish the civil
liability liability of the offender

Quiz
1. What are the limitations on the pardoning power of the Chief
executive.

2. When does judgment of conviction become final.

Extinction of Criminal Liability

3. What is the effect of an appeal of judgment of conviction on

the power of the president to extend pardon.

4. What is amnesty.

5. Distinguish between amnesty and absolute pardon.

Prescription of crimes punished under the Revised Penal Code

Crimes punishable by death, reclusión perpetua or reclusión temporal shall

prescribe in twenty (20) years

Crimes punishable by other afflictive penalties shall prescribe in fifteen(15)

years

Those punishable by a correctional penalty shall prescribe in ten (10) years;

with the exception of those punishable by arresto mayor, which shall
prescribe in five (5) years

The crime of libel or other similar offenses shall prescribe in one (1) year

The offenses of oral defamation and slander by deed shall prescribe in six
(6) months
 Light offenses prescribe in two (2) months

When the penalty fixed by law is a compound one, the highest penalty shall
be made the basis of the application of the rules contained in the first,
second and third paragraphs of Article 90 of the RPC. [REV. PEN. CODE, art.
90]

Extinction of Criminal Liability

 Computation of prescription of offenses

The period of prescription shall commence

to run from the day on which the crime is
discovered by the offended party, the
authorities, or their agents, and shall be
interrupted by the filing of the complaint or
information, and shall commence to run
again when such proceedings terminate
without the accused being convicted or
acquitted, or are unjustifiably stopped for
any reason not imputable to him. [REV. PEN.
CODE, art. 91]

The term of prescription shall not run when

the offender is absent from the Philippine
Archipelago. [REV. PEN. CODE, art. 91]

Prescription of crimes punished by special laws

(pursuant to Act No. 3326)

Pursuant to Act No. 3326, the following are the prescriptive periods
for crimes punished by special laws:

After one (1) year

 For offenses punished only by a fine or

Extinction of Criminal
by Liability
imprisonment for not more than one (1)
month
After four (4) years-
 For offenses punished by imprisonment for more
than one
(1) month, but less than two (2) years

After eight (8) years-

For offenses punished by imprisonment for two (2) years or

more, but less than six (6) years

After twenty (20) years-

For treason

After five (5) years -

For offenses against any law or part of law administered

by the Bureau of Internal Revenue

After two (2) months-

Violations penalized by municipal ordinances

 When prescription begins and interrupted for crimes
punished by special laws

Prescription shall begin to run from the day of the

commission of the violation of the law, and if the same
be not known at the time, from the discovery thereof
and the institution of judicial proceedings for its
investigation and punishment.

The prescription shall be interrupted when proceedings

are instituted against the guilty person, and shall begin to
run again if the proceedings are dismissed for reasons not
constituting jeopardy. [ACT NO. 3326, sec. 2]

Prescription of penalties

1. Death and reclusión perpetua, in twenty (20) years;

2. Other afflictive penalties, in fifteen (15) years;
3. Correctional penalties, in ten (10) years;
with the exception of the penalty of arresto
mayor, which prescribes in five (5) years;
4. Light penalties, in one (1) year. [REV. PEN. CODE, art. 92]

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
Extinction ofhas
Government Criminal Liability
no extradition treaty, or should commit another
crime before the expiration of the period of prescription. [REV.
PEN. CODE, art. 93]

Partial Extinction of Criminal Liability

1. By conditional pardon
2. By commutation of the sentence

3. For good conduct allowances which

the culprit may earn while he is
undergoing preventive imprisonment
or serving his sentence [REV. PEN.
CODE, art. 94] Conditional pardon

4. Any person who has been granted

conditional pardon shall incur the
obligation of complying strictly
with the conditions imposed
therein; otherwise, his non-
compliance shall result in the
revocation of the pardon and the
provisions of article 159 shall be
applied to him. [REV. PEN. CODE,
art. 95]
Other cases of evasion of service of sentence

The penalty of prision correccional in

its minimum period shall be imposed upon the
convict who, having been granted conditional
pardon by the Chief Executive, shall violate any
of the conditions of such pardon. However, if the
penalty remitted by the granting of such pardon
be higher than six years, the convict shall then
suffer the unexpired portion of his original
sentence.

Effect of commutation of sentence

The commutation of the original sentence for another of a

different length and nature shall have the legal effect of substituting
the latter in the place of the former. [REV. PEN. CODE, art. 96]

Evasion of service of sentence on the occasion of disorders,

conflagrations, earthquakes, or other calamities

A convict who shall evade the service of his sentence, by leaving

the penal institution where he shall have been confined, on
the occasion of disorder resulting from a conflagration,
earthquake, explosion, or similar catastrophe, or during a mutiny
in which he has not participated, shall suffer an increase of one-
fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall
fail to give himself up to the authorities within forty-eight hours
following the issuance of a proclamation by the Chief Executive
announcing the passing away of such calamity.Convicts who,
under the circumstances mentioned in the preceding
paragraph, shall give themselves up to the authorities within the
above mentioned period of 48 hours, shall be entitled to the
deduction provided in article 98. [REV. PEN. CODE, art. 158]
 Effect of extinction of criminal liability on civil liabilit

The extinction of the penal action does not carry

with it extinction of the civil action. However, the
civil action based on delict shall be deemed
extinguished if there is a finding in a final judgment
in the criminal action that the act or omission from
which the civil liability may arise did not exist.
[RULES OF COURT, Rule 111, art. 2]

The general rule is that the extinction of the penal

action does not carry with it the extinction of the civil
action to enforce civil liability arising from the
offense charged, unless the extinction proceeds from
a declaration in a final judgment that the fact from
which the civil might arise did not exist. [Benedicto v.
Abad Santos, Jr., G.R. No. 74689, 21 March 1990]

Obligation to satisfy civil liability

Except in case of extinction of civil liability as provided in Article 112 of the

Revised Penal Code, the offender shall continue to be obliged to satisfy the
civil liability resulting from the crime committed by him, notwithstanding the
fact that he has served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentence or any other reason. [REV. PEN.
CODE, art. 113]

Article 90: Prescription of crimes.

1. What are the laws on prescription of offenses.

-Art 90-93, RPC
-Act No. 3326 ( Law defining how to compute prescription for
crimes under SPL),

(a) after a year for offenses punished only by a fine or by

imprisonment for not more than one month, or both;
(b) after four years for those punished by imprisonment for more
than one month, but less than two years;
(c) after eight years for those punished by imprisonment for two
years or more, but less than six years; and
(d) after twelve years for any other offense punished by
imprisonment for six years or more, except the crime of treason,
 which shall prescribe after twenty years. Violations penalized by
municipal ordinances shall prescribe after two months.

Article 91: Computation of prescription of offenses.

1. What is prescription of crime. – refers to the loss of the right of
the State to prosecute offenders after the lapse of the certain time
2 conditions: (a) That there be final judgment; (b) that the period
of time prescribed by law for its enforcement has elapsed.
2. When does the period of prescription start to run.
- in computing the period of prescription, the first day is to be
EXCLUDED, and the last day is to be INCLUDED.
- running of the period starts from discovery by the offended party
or the authorities or their agents. This list is exclusive.
3. What causes the interruption and resumption of the running
of the period.
-The running of the period is interrupted by the filing of the
complaint or information or when the offender is out of the country.
-it shall be interrupted by the filing of the complaint or information,
and shall commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable(attributable) to
him(offender).
4. What is the effect of the delay in the reporting of crimes in
its prosecution.

- DELAY IN PROSECUTING THE OFFENSE IS NOT AN

INDICATION OF A FABRICATED CHARGE. - The failure of
complainant to disclose her defilement without loss of time to
persons close to her or to report the matter to the authorities does
not perforce warrant the conclusion that she was not sexually
molested and that her charges against the accused are all baseless,
untrue and fabricated. Delay in prosecuting the offense is not an
indication of a fabricated charge. Many victims of rape never
complain or file criminal charges against the rapists. They prefer to
bear the ignominy and pain, rather than reveal their shame to the
world or risk the offenders making good their threats to kill or hurt
their victims. The failure of herein complainant to report the
incident immediately does not discredit her credibility, her
hesitation being attributable to the death threats made by
appellant, not to speak of the natural reluctance of a woman having
to admit in public her. having been raped. It is not uncommon for
young girls to conceal for some time the assault on their virtue
because of the rapists threat on their lives. Not every victim of a
crime can be expected to act reasonably and conformably with the
expectation of mankind. One persons spontaneous or unthinking, or
even instinctive, response to a horrid and repulsive stimulus may be
aggression, while anothers may be cold indifference. The law on
prescription of crimes wound be meaningless if we were to yield the
proposition that delay in the prosecution of crimes would be fatal to
the State and to the offended parties. In fixing the different
prescriptive periods on the basis of the gravity of the penalty
prescribed therefor, the law takes into account or allows reasonable
delays in the prosecution thereof In a number of cases, we have
 ruled that a delay of seventeen days, thirty-five days, or even six
months, by a victim of rape in reporting the attack on her honor
does not detract from the veracity of her charge. (People vs
Gecomo, 254 SCRA)

5. Who is the offended party in article 91.

6. Can brief trips abroad qualify as “absence” contemplated in

article 91.

-No. Trips abroad do not constitute the “absence” contemplated in

Art 91.

 Finally, the petitioner draws our attention to the private

respondent's several trips abroad as enumerated in the certification
of the Bureau of Immigration, and cites the second paragraph of
Article 91 of the RPC, viz.: "[t]he term of prescription shall not run
when the offender is absent from the Philippine Archipelago." We
agree with the Court of Appeals that these trips abroad did not
constitute the "absence" contemplated in Article 91. These trips
were brief, and in every case the private respondent returned to the
Philippines. Besides, these were made long after the petitioner
discovered the offense and even if the aggregate number of days of
these trips are considered, still the information was filed well
beyond the prescriptive period. (Garcia vs CA, G.R. No.
119063. January 27, 1997)

Article 100: Civil liability of a person of felony.

1. What is the basic principle in civil liability ex-delicto (from a

transgression of law or crime).

Art. 100, RPC – Civil liability of a person guilty of felony. – Every person criminally
liable for a felony is also civilly liable

Art 20, New Civil Code – Every person who, contrary to law, wilfully or negligently
causes damage to another. Shall indemnify the latter for the same.

Art 2176, NCC -The civil liability arising from negligence under the Revised Penal
Code is entirely separate and distinct from the responsibility for fault or negligence
called a quasi-delict. But the party claiming payment for the damage done cannot
recover twice for the same act or omission of the defendant. (Art 2177, NCC).
 2. When death occurs as a result of a crime, the heirs of the deceased are
entitled to what items of damages.
- When death occurs due to a crime, the following damages may be recovered: (1) a
civil indemnity ex delicto for the death of the victim; (2) actual or compensatory
damages; (3) moral damages; (4) exemplary damages; (5) attorneys fees and
expenses of litigation, and (6) interest, in proper cases. (Espaa vs Republic 2005)

-(Heirs of Reymundo Castro vs Apolonio Busots 1969) Stated differently, when death
occurs as a result of a crime, the heirs of the deceased are entitled to the following
items of damages:

1. As indemnity for the death of the victim of the offense —

P12,000.00(Now 50, 000), without the need of any evidence or
proof of damages, and even though there may have been mitigating
circumstances attending the commission of the offense.

2. As indemnity for loss of earning capacity of the deceased — an

amount to be fixed by the Court according to the circumstances of
the deceased related to his actual income at the time of death and
his probable life expectancy, the said indemnity to be assessed and
awarded by the court as a matter of duty, unless the deceased had
no earning capacity at said time on account of permanent disability
not caused by the accused. If the deceased was obliged to give
support, under Art. 291, Civil Code, the recipient who is not an heir,
may demand support from the accused for not more than five
years, the exact duration to be fixed by the court.

3. As moral damages for mental anguish, — an amount to be fixed

by the court. This may be recovered even by the illegitimate
descendants and ascendants of the deceased.

4. As exemplary damages, when the crime is attended by one or

more aggravating circumstances, — an amount to be fixed in the
discretion of the court, the same to be considered separate from
fines.
5. As attorney's fees and expresses of litigation, — the actual
amount thereof, (but only when a separate civil action to recover
civil liability has been filed or when exemplary damages are
awarded).

6. Interests in the proper cases..

7. It must be emphasized that the indemnities for loss of earning

capacity of the deceased and for moral damages are recoverable
separately from and in addition to the fixed sum of P12,000.00
corresponding to the indemnity for the sole fact of death, and that
these damages may, however, be respectively increased or
 lessened according to the mitigating or aggravating circumstances,
except items 1 and 4 above, for obvious reasons.

3. Compare the effect of death on civil liability ex-delicto and

civil liability based on quasi-delict.

-Death of accused will extinguish civil liability ex-delicto but not the
civil liability based quasi-delict. The general rule is that death of the
accused extinguishes criminal liability as well as the civil liability
arising from the offense committed. Thus, the claim for civil liability
survives notwithstanding the death of the accused, if the same may
be predicated on a source of obligation other than delict, such as
law, contracts, quasi-contracts, and quasi-delicts.

-(People vs Abungan 2000, citing People vs Bayotas):

"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.'"

"2. Corollarily, the claim for civil liability survives notwithstanding

the death of (the) accused, if the same may also be predicated on a
source of obligation other than delict. Article 1157 of the Civil Code
enumerates these other sources of obligation from which the civil
liability may arise as a result of the same act or omission:
a) Law b) Contracts c) Quasi-contracts d) Delicts/Crime
e) Quasi-delicts

"3. Where the civil liability survives, as explained in Number 2

above, an action for recovery therefor may be pursued but only by
way of filing a separate civil action and subject to Section 1, Rule
111 of the 1985 Rules on Criminal Procedure as amended. This
separate civil action may be enforced either against the
executor/administrator or the estate of the accused, depending on
the source of obligation upon which the same is based as explained
above.

"4. Finally, the private offended party need not fear a forfeiture of

his right to file this separate civil action by prescription, in cases
where during the prosecution of the criminal action and prior to its
extinction, the private offended party instituted together therewith
the civil action. In such case, the statute of limitations on the civil
liability is deemed interrupted during the pendency of the criminal
case, conformably with the provisions of Article 1155 of the Civil
Code, that should thereby avoid any apprehension on a possible
privation of right by prescription."
 In the present case, it is clear that, following the above disquisition
in Bayotas, the death of appellant extinguished his criminal
liability. Moreover, because he died during the pendency of the
appeal and before the finality of the judgment against him, his civil
liability arising from the crime or delict (civil liability ex delicto) was
also extinguished. It must be added, though, that his civil liability
may be based on sources of obligation other than delict. For this
reason, the victims may file a separate civil action against his
estate, as may be warranted by law and procedural rules.
Moreover, we hold that the death of Appellant Abungan would result
in the dismissal of the criminal case against him. [11] Necessarily, the
lower court's Decision -- finding him guilty and sentencing him to
suffer reclusion perpetua and to indemnify the heirs of the deceased
-- becomes ineffectual.

4. What is the effect of acquittal of the accused in a criminal

action.
-Acquittal of the accused does not automatically extinguish his civil
liability for the quantum of proof in criminal prosecution is different
from that in the civil.

Article 101: Rules regarding civil liability in certain cases.

Article 102: Subsidiary civil liability of innkeepers, tavern keepers, and
proprietor of establishment.
Article 103: Subsidiary civil liability of other persons.
1. What is the statutory basis for an employer’s subsidiary liability.
-Art 103, RPC.
-page 927, Reyes. Under art 103 of the RPC, employers are
subsidiarily liable for the adjudicated civil liabilities of their
employees in the event of the latter’s insolvency. There can be no
automatic subsidiary liability of defendant-employer under this
article, where his employee has not been previously criminally
convicted.
2. Who are the persons subsidiarily liability for criminal offenses.
3. What are the requirements for subsidiary liability of the persons
subsidiary liable.

4. What are the instances when the existence of the employer-

employee relationship may be determined.
- it is the Courts considered view that the existence of employer-
employee relationship could have been easily resolved, or at
least prima facie determined by the labor inspector, during the
inspection by looking at the records of petitioner which can be found
in the work premises. (Bombo Radyo vs Velasco 2009)
- The statutory basis for an employer's subsidiary liability is found in
Article 103 of the Revised Penal Code. This liability is enforceable in
the same criminal proceeding where the award is made. (Rules of
Court, Rule 111, Sec. 1) However, before execution against an
employer ensues, there must be a determination, in a hearing set
for the purpose of 1) the existence of an employer-employee
relationship; 2) that the employer is engaged in some kind of
industry; 3) that the employee is adjudged guilty of the wrongful
act and found to have committed the offense in the discharge of his
duties (not necessarily any offense he commits "while" in the
discharge of such duties); and 4) that said employee is insolvent.
(Yonaha vs. CA, 255 SCRA 397, 402 [1996].)

- There are two instances when the existence of an employer-

employee relationship of an accused driver and the alleged vehicle
owner may be determined. One during the criminal proceeding, and
the other, during the proceeding for the execution of the
judgment. In both instances, petitioner should be given the
opportunity to be heard, which is the essence of due process.
(National Federation of Labor vs. National Labor Relations
Commissions, 283 SCRA 275, 284 [1997].

- People vs Asiapro 2007

In determining the existence of an employer-employee relationship,
the following elements are considered: (1) the selection and
engagement of the workers; (2) the payment of wages by whatever
means; (3) the power of dismissal; and (4) the power to control the
workers conduct, with the latter assuming primacy in the overall
consideration. The most important element is the employers
control of the employees conduct, not only as to the result of
the work to be done, but also as to the means and methods
to accomplish. The power of control refers to the existence of the
power and not necessarily to the actual exercise thereof. It is not
essential for the employer to actually supervise the performance of
duties of the employee; it is enough that the employer has the right
to wield that power. All the aforesaid elements are present in this
case.

- The existence of an employer-employee relationship cannot

be negated by expressly repudiating it in a contract, when
the terms and surrounding circumstances show
otherwise. The employment status of a person is defined and
prescribed by law and not by what the parties say it should
be.[
 It is settled that the contracting parties may establish such
stipulations, clauses, terms and conditions as they want, and their
agreement would have the force of law between
them. However, the agreed terms and conditions must not be
contrary to law, morals, customs, public policy or public
order.
-  No particular form of evidence is required to prove the existence
of such employer-employee relationship. Any competent and
 relevant evidence to prove the relationship may be
admitted. Hence, while no particular form of evidence is required, a
finding that such relationship exists must still rest on some
substantial evidence.

Article 104: What is included in civil liability.

-Art 104. – What is included in civil liability – the civil liability established
in articles 100, 101, 102 and 103 of thius code includes:
1. Restitution
2. Reparation of damage caused
3. Indemnification for consequential damages

Article 105: How is restitution made.

Article 106: How is reparation made.

Article 107: What is included in indemnification

1. How should actual damages for the death of the victim be
determined.
2. What is the measure of damages that the heirs of the
deceased may recover.
3. How is life expectancy computed? How is net earning
capacity computed?
Indemnity for lost earnings:
*Net earning capacity = Life expectancy x (Gross annual income-
Living expenses)
*Life expectancy = Net earning capacity / (Gross annual income –
living expenses)
*Life expectancy is based on the American Expectancy Table of
Mortality and is computed using the formula:
2/3 x (80- age of the deceased at the time of death)
*In the absence of proof, living expenses is estimated to be 50% of
the gross annual income.

Article 108: Obligation to make restoration, reparation for damages, or

indemnification for consequential damages and action to demand the
same – upon whom it devolves.

1. When are moral damages not imposed on the convict for homicide.
2. When is exemplary damages imposed.
 3. What is the civil liability of a person convicted of rape when an
offspring result from the rape.
4. When is compulsory acknowledgment of the offspring of rape
proper.

Article 109: Share of each person civilly liable.

Article 110: Several and subsidiary liability of principals, accomplice and

accessories of a felony – preference in payment.
1. What is the nature of the civil liability of principals in a conspiracy.

Article 111: Obligation to make restitution in a certain case.

Chapter 3 – Extinction and survival of civil liability.

Article 112: Extinction of civil liability.

Article 113: Obligation to satisfy civil liability.
1. What should be the effect of a decision in a criminal prosecution on
the criminal and civil liability of the accused.