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Extinction Of Civil Liability


ART. 112 

Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor and debtor
5. compensation
6. novation

Loss of the thing due
   - does not extinguish civil liability because if the offender
     cannot make restitution, he is obliged to make reparation.

Unless extinguished, civil liability subsists
   - even if the offender has served sentence consisting of
     deprivation of liberty or other rights or has served the
     same, due to amnesty, pardon, commutation of sentence or
     any other reason.


ART. 113: OBLIGATION TO SATISFY CIVIL LIABILITY

NOTES:

Unless extinguished, civil liability subsists even if the
offender has served sentence consisting of deprivation of
liberty or other rights or has not served the same, due to
amnesty, pardon, commutation of the sentence or any other
reason.

Under the law as amended, even if the subsidiary imprisonment
is served for non- payment of fines, this pecuniary liability
of the defendant is not extinguished.

While amnesty wipes out all traces and vestiges of the crime,
it does not extinguish the civil liability of the offender.
A pardon shall in no case exempt the culprit from the payment
of the civil indemnity imposed upon him by the sentence.

Probation affects only the criminal aspect of the crime.







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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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